Part I.
Texas Department of Public Safety
Chapter 6.
License to Carry Concealed Handgun
Subchapter A. General Provisions
37 TAC §§6.1, 6.3-6.5
The Texas Department of Public Safety proposes amendments
to §§6.1 and 6.3-6.5, concerning license to carry concealed handgun.
Amendments to §§6.1, 6.4, and 6.5 are necessary in order for the
department to comply with legislative amendments to the Concealed Handgun
Statute. Section 6.3 amendment reflects a change in the mailing address of
the Concealed Handgun Legal Section.
Tom Haas, Chief of Finance, has determined that for each year of the first
five-year period the rules are in effect there will be no fiscal implications
to state or local government as a result of enforcing or administering the
rules.
Mr. Haas also has determined that for each year of the first five years
the rules are in effect the public benefit anticipated as a result of enforcing
or administering the rules will be the licensing of individuals to carry a
concealed handgun. There is no anticipated economic cost to small or large
businesses. There is no anticipated economic cost to individuals.
Comments on the proposal may be submitted to Mary Ann Courter, Chief of
Legal Services, Texas Department of Public Safety, Box 4087, Austin, Texas
78773-0140, (512) 424-2890.
The amendments are proposed pursuant to Texas Civil Statutes,
Article 4413(29ee), §22 (now codified in Texas Government Code, Subchapter
H, §411.197) which authorize the department to adopt rules to administer
this article.
Texas Civil Statutes, Article 4413(29ee), §22 (now codified in Texas
Government Code, Subchapter H, §411.197) is affected by this proposal.
§6.1.Definitions.
The following words and terms, when used in this chapter, shall have
the following meanings, unless the context clearly indicates otherwise.
(1)
Act - Texas Civil Statutes, Article 4413(29ee)
and
Texas Government Code, Chapter 411, Subchapter H
.
(2)
Active judicial officer - A person serving as a judge
or justice of the supreme court, the court of criminal appeals, a court of
appeals, a district court, a criminal district court, a constitutional county
court, a statutory county court, a justice court, or a municipal court.
(3)
Applicant - A license applicant or an instructor applicant.
(4)
Certified handgun instructor - A qualified handgun
instructor.
(5)
Chemically dependent person - A person who:
(A)
frequently or repeatedly becomes intoxicated by excessive
indulgence in alcohol or uses controlled substances or dangerous drugs so
as to acquire a fixed habit and an involuntary tendency to become intoxicated
or use those substances as often as the opportunity is presented;
(B)
has been convicted two times within the 10-year period
preceding the date on which the person applies for a license of an offense
of the grade of Class B misdemeanor or greater that involves the use of alcohol
or a controlled substance as a statutory element of the offense;
(C)
is an unlawful user of or addicted to any controlled substance;
or
(D)
is an addict, as defined by United States Code §802.
(6)
Concealed handgun - A handgun, the presence of
which is not openly discernible to the ordinary observation of a reasonable
person.
(7)
Controlled substance - has the meaning assigned by
21 United States Code §802.
(8)
Convicted - An adjudication of guilt or an order of
deferred adjudication entered against a person by a court of competent jurisdiction
for an offense under the laws of this state, another state, or the United
States, whether or not
the imposition of the sentence is subsequently
probated and the person is discharged from community supervision. The term
does not include an adjudication of guilt or an order of deferred adjudication
which has been subsequently
:
(A)
expunged
[
(B)
pardoned under the authority of a state or federal
official
[
(9)
Delinquent Conduct - has the
meaning assigned by Family Code, §51.03.
(10)
[
(11)
[
(12)
[
(13)
Finally determined - whether a person
has been finally determined to be delinquent in the payment of taxes, student
loans, or child support payments will be determined by the agency reporting
the delinquency to the Department.
(14)
[
(15)
[
(16)
[
(17)
[
(18)
[
(19)
[
(20)
[
(21)
[
[
Unsound mind - The mental
condition of a person who:]
[
has been adjudicated mentally incompetent,
mentally ill, or not guilty of a criminal offense by reason of insanity;]
[
has been diagnosed by a licensed physician
as being characterized by a mental disorder or infirmity that renders the
person incapable of managing the person's self or the person's affairs, unless
the person furnishes a certificate from a licensed physician stating that
the person is no longer disabled or under any medication for the treatment
of a mental or psychiatric disorder. Provided, that a person who refuses against
medical advice to take medication prescribed by a licensed physician for a
mental disorder or infirmity shall be considered to be "under medication";
or]
[
has been diagnosed by a licensed physician
as suffering from depression, manic depression, or post-traumatic stress syndrome,
unless the person furnishes a certificate from a licensed physician stating
that the person is no longer disabled or under any medication for the treatment
of a mental or psychiatric disorder.]
§6.3.Correspondence.
(a)
Addressed to the department. Except as otherwise provided,
applications and correspondence not relating to requests for hearings should
be mailed to the department at the following address: Texas Department of
Public Safety, Concealed Handgun Licensing Unit, Post Office Box 15888, Austin,
Texas 78761-5888. A request for hearing and all correspondence relating thereto
should be mailed to the department at the following address: Texas Department
of Public Safety,
Crime Records Service - Concealed Handgun Legal Section
MSC-0236, Box 4143, Austin, Texas 78765-4143
[
(b)
Addressed to applicant, license holder, or certified instructor.
Notice will be mailed to the address currently reported to the department
by an applicant, license holder, or certified instructor as the correct address.
For the purpose of any notice required by the Act, the department will assume
that the address currently reported to the department by the applicant or
license holder is the correct address.
(c)
Notice. Written notice meets the requirements under this
Act if the notice is sent by certified mail to the current address reported
by the applicant or license holder to the department. If a notice is returned
to the department because the notice is not deliverable, the department may
give notice by publication once in a newspaper of general interest in the
county of the applicant's or license holder's last reported address. On the
31st day after the date the notice is published, the department may take the
action proposed in the notice.
§6.4.Notice Required on Certain Premises.
(a)
Notice: The following establishments shall prominently
display an appropriate notice at each entrance to the premises, to state that
it is unlawful to carry a handgun on the premises:
(1)
a business that has a permit or license issued under Alcoholic
Beverage Code, Chapter 25, 28, 32, [
(2)
a hospital licensed under the Health and Safety Code,
Chapter 241.
(3)
a nursing home licensed under the Health and Safety
Code, Chapter 242.
(b)
Text. The sign must state that it is unlawful
for
a person licensed under the Act
to carry a handgun on the premises. [
(c)
Visibility. The sign must appear in contrasting colors
with block letters at least one inch in height
and must include on its
face the number "51" printed in solid red at least 5 inches in height
.
The sign shall be displayed in a conspicuous manner clearly visible to the
public from outside or immediately inside each public, service, and employee
entrance. Signs required by this section are not required to be posted by
fire exits, interior entrances, or entrances to individual resident rooms.
§6.5. Notice Optional on Other Premises.
(a)
Notice. A public or private employer may prohibit persons
who are licensed to carry from carrying a concealed handgun on the premises
of the business.
(b)
Text.
A sign prohibiting license holders from carrying
a concealed handgun must comply with the requirements of Texas Penal Code,
30.06("Trespass by Holder of License to Carry Concealed Handgun").
[
[
"Possession of a handgun under
authority of Texas Concealed Handgun Permit Law, Texas Civil Statutes, Article
4413(29ee), is prohibited in this building."]
[
"Possession of a handgun
under authority of Texas Concealed Handgun Permit Law, Texas Civil Statutes,
Article 4413(29ee), is prohibited beyond this point."]
[
Spanish Text. The notice may
also be posted in Spanish as follows:]
[
"No se permite posser armas de fuego en este
edificio bajo authoridad de la Ley de Permisos para Portar Armas de Fuego
en el Estado de Texas, Texas Civil Statutes, Article 4413, (29ee)."]
[
"De este lugar en adelante, no se permite
poseer armas de fuego bajo authoridad de la Ley de Permisos para Portar Armas
de Fuego en el Estado de Texas, Texas Civil Statutes, Article 4413 (29ee)."]
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of the Secretary of State on May
19, 1999.
TRD-9902929
Dudley M. Thomas
Director
Texas Department of Public Safety
Earliest possible date of adoption: July 4, 1999
For further information, please call: (512) 424-2135
37 TAC §§6.11, 6.14-6.18, 6.21
The Texas Department of Public Safety proposes amendments
to §§6.11, 6.14-6.18 and new §6.21, concerning license to carry
concealed handgun. Sections 6.11, 6.14, and 6.16-6.18 are amended to comply
with legislative changes to the Concealed Handgun Statute. Figure 1, §6.16(b)(1)
reference the Federal Poverty Guidelines is deleted. Section 6.15 is amended
to comply with legislative changes to the Concealed Handgun Statute, to provide
a grace period for the acceptance of proficiency certificates, and to clarify
the circumstances under which an application may be terminated. New §6.21
which clarifies the renewal of license process is filed simultaneously with
the repeal of current §6.21.
Tom Haas, Chief of Finance, has determined that for each year of the first
five-year period the rules are in effect there will be no fiscal implications
to state or local government.
Mr. Haas also has determined that for each year of the first five-year
period the rules are in effect the public benefit anticipated as a result
of enforcing or administering the rules will be the licensing of individuals
to carry a concealed handgun. There is no anticipated economic cost to small
or large businesses. The anticipated cost to individuals who are required
to comply with the sections as proposed will be the cost of the nonrefundable
application fee of $140 for a four-year license, the instruction fee of approximately
$100 - $300, the renewal/recertification fee of $100, as well as costs for
handguns, ammunition, and appropriate clothing.
Comments on the proposal may be submitted to Mary Ann Courter, Chief of
Legal Services, Texas Department of Public Safety, Box 4087, Austin, Texas
78773-0140, (512) 424-2890.
The amendments and new section are proposed pursuant to Texas
Civil Statutes, Article 4413(29ee), §22, (now codified in Texas Government
Code, Subchapter H, §411.197) which authorize the department to adopt
rules to administer this article.
Texas Civil Statutes, Article 4413(29ee), §22 (now codified in Texas
Government Code, Subchapter H, §411.197) is affected by this proposal.
§6.11.Eligibility for License to Carry a Concealed Handgun.
To be eligible for a license to carry a concealed handgun, a person
must meet the following requirements:
(1)
an applicant must have been a resident of this state for
the six-month period preceding the date of application
or must be eligible
for a non-resident license as provided by the Act
;
(2)
the applicant must be at least 21 years of age;
(3)
the applicant must not have been convicted of a felony.
An offense is considered a felony if the offense is so designated by law or
if confinement for one year or more in a penitentiary is affixed to the offense
as a possible punishment;
(4)
the applicant must not be currently charged with the
commission of a Class A or Class B misdemeanor or an offense under Texas Penal
Code, §42.01, or of a felony under an information or indictment;
(5)
the applicant must not be a fugitive from justice
for a felony or a Class A or Class B misdemeanor;
(6)
the applicant must not be chemically dependent;
(7)
the applicant must not be
incapable of exercising
sound judgment with respect to the proper use and storage of a handgun as
defined in the Act
[
(8)
the applicant must not, in the five years preceding
the date of application, have been convicted of a Class A or Class B misdemeanor
or an offense under Texas Penal Code, §42.01. An offense is considered
a Class A [
(9)
the applicant must be fully qualified under applicable
federal and state law to purchase a handgun;
(10)
the applicant must not have been finally determined
to be delinquent in making a child support payment administered or collected
by the attorney general, unless the applicant has since discharged the outstanding
delinquency;
(11)
the applicant must not have been finally determined
to be delinquent in the payment of a tax or other money collected by the comptroller,
state treasurer, tax collector of a political subdivision of the state, Texas
Alcoholic Beverage Commission, or any other agency or subdivision of the state,
unless the applicant has since discharged the outstanding delinquency;
(12)
the applicant must not have been finally determined
to be in default on a loan made under the Education Code, Chapter 57, unless
the applicant has since discharged the outstanding delinquency;
(13)
the applicant must not be currently restricted by
or subject to a court order that restrains the applicant from injuring, harassing,
stalking, or threatening the applicant's spouse or intimate partner, or the
child of the applicant, the applicant's spouse, or intimate partner. This
paragraph includes a protective order issued under the Family Code §3.58
or §3.581, or Family Code, Chapter 71. This paragraph does not include
any restraining order or protective order solely affecting property interests;
(14)
the applicant must not, in the 10 years preceding
the date of application, have been adjudicated as having engaged in delinquent
conduct violating a penal law of the grade of felony; and
(15)
the applicant must not have been made any material
misrepresentation, or failed to disclose any material fact, in a request for
application materials or in an application for a license to carry a concealed
handgun.
§6.14.Proficiency Requirements.
(a)
A person who wishes to obtain or renew a license to carry
a concealed handgun shall apply in person to a certified handgun instructor
to take the appropriate course in handgun proficiency, demonstrate handgun
proficiency, and obtain a handgun proficiency certificate. An applicant will
be required to demonstrate the applicant's ability to safely and proficiently
use the category of handgun for which the applicant seeks certification.
(b)
A proficiency examination to obtain or to renew a license
must be administered by a certified handgun instructor. The proficiency examination
must include:
(1)
a written section on required subjects; and
(2)
a physical demonstration of proficiency in the use
of one or more handguns of specific categories and in handgun safety procedures.
(c)
The department shall distribute the standards, course requirements,
and examinations on request to any certified handgun instructor.
(d)
The proficiency demonstration course will be the same for
both the instructors and license applications. The course of fire will be
at distances of three, seven, and fifteen yards, for a total of fifty rounds.
(1)
Twenty rounds will be fired from three yards, as follows:
(A)
five rounds will be fired "One Shot Exercise"; two seconds
allowed for each shot;
(B)
ten rounds will be fired "Two Shot Exercise"; three seconds
allowed for each two shots; and
(C)
five rounds will be fired; ten seconds allowed for five
shots.
(2)
Twenty rounds will be fired from seven yards,
fired in four five-shot strings as follows:
(A)
the first five shots will be fired in ten seconds;
(B)
the next five shots will be fired in two stages:
(i)
two shots will be fired in four seconds; and
(ii)
three shots will be fired in six seconds.
(C)
the next five shots at seven yards will be fired "One Shot
Exercise"; three seconds will be allowed for each shot; and
(D)
the last five shots fired at the seven-yard line, the time
will be fifteen seconds to shoot five rounds.
(3)
Ten rounds will be fired from fifteen yards,
fired in two five-shot strings as follows:
(A)
the first five shots will be fired in two stages:
(i)
two shots fired in six seconds; and
(ii)
three shots fired in nine seconds.
(B)
the last five shots will be fired in fifteen seconds.
(e)
The department shall
issue a license to carry a concealed
handgun to any person who is certified as a qualified handgun instructor and
who pays the department a fee of $100 in addition to the training fee
[
§6.15.Basic Application Materials Required.
An applicant must complete the application materials required by this
section and forward the completed materials to the department at its headquarters
in Austin. Except as otherwise provided, an application must contain all the
following items:
(1)
Proficiency certificate. The applicant must submit a handgun
proficiency certificate issued upon successful completion of a handgun proficiency
course approved by the department and taught by a certified handgun instructor.
A proficiency certificate, which is more than two years old, will not be accepted
by the department.
(2)
Application form. The applicant must submit a completed
application on Form CR-78, which is adopted for that purpose. The applicant
must complete the unique application form provided to that individual by the
department. An application form may not be transferred or exchanged, or submitted
by another applicant. The application form will require a statement of the
applicant's:
(A)
full name and place and date of birth;
(B)
race and sex;
(C)
residence and business addresses for the preceding five
years;
(D)
hair and eye color;
(E)
height and weight;
(F)
driver's license number or identification certificate number
issued by the department;
(G)
criminal history record information, including a list of
offenses for which the applicant has been arrested or charged under an information
or indictment, and the disposition of each offense; and
(H)
history during the preceding five years, if any, of treatment
received by, commitment to, or residence in:
(i)
a drug or alcohol treatment center licensed to provide
drug or alcohol treatment under the laws of this state or another state; or
(ii)
a psychiatric hospital.
(3)
Proof of residency in this state.
Unless an applicant is eligible for a non-resident license under the Act,
the
[
(A)
proof that the applicant has been issued and has maintained
an unexpired Texas driver's license or personal identification card issued
by the department for six months or longer; provided further, that possession
by an applicant of a driver's license issued by another state constitutes
prima facie evidence of residency in such other state;
(B)
proof that the applicant has been registered to vote in
this state for six months or longer;
(C)
proof that the applicant has owned or leased a residence
in this state for six months or longer. Deed records, rental contracts, rental
receipts, or canceled checks showing payment of rent may be used to support
a claim of residency;
(D)
records of utility payments; or
(E)
other proof acceptable to the department.
(4)
Two recent color passport photographs of the
applicant. The applicant shall submit two identical photographs of the applicant
to the person who fingerprints the applicant, as detailed in paragraph (5)
of this section. The photographs must be un-retouched color prints. Snapshots,
vending machine prints, and full length photographs will not be accepted.
The photographs must be 2 by 2 inches in size. The photographs must be taken
in normal light, with white or off-white background. The photographs must
present a good likeness of the applicant taken within the last six months.
The photographs must present a clear, frontal image of the applicant, and
include the full face from the bottom of the chin to the top of the head,
including hair. The image of the applicant must be between 1 and 1-3/8 inches.
Only the applicant may be portrayed.
(5)
Two fingerprint cards. The applicant must be fingerprinted
by a person [
(A)
verify that the passport photographs are of the person
being fingerprinted (not required for instructor applicants);
(B)
either complete or verify the accuracy of the non-fingerprint
data being submitted on the card;
(C)
record the individual's fingerprints on the card, in a
manner consistent with that normally done for an arrest fingerprint card,
including the simultaneous impressions;
(D)
obtain the signature of the license applicant on both the
fingerprint cards and on the back of one of the passport photographs; (not
required for instructor applicants). The applicant's signature must comply
with §15.21 of this title (relating to Signature);
(E)
sign the fingerprint card and the back of the same passport
photograph signed by the applicant; (not required for instructor applicants);
and
(F)
return all documents to the applicant to be forwarded to
the department.
(6)
Affidavits. The applicant must execute and submit
affidavits which in substance state the following:
(A)
the applicant has read and understood each provision of
the Act
[
(B)
the applicant fulfills all the eligibility requirements
for a license to carry a concealed handgun. Form CR-87L is adopted for this
purpose; and
(C)
the applicant authorizes the director to make inquiry into
any non-criminal history records that are necessary to determine the applicant's
eligibility for a license. Form CR-85L is adopted for this purpose.
(7)
Signature of applicant. The applicant must sign
the passport photograph holder provided by the department. The applicant's
signature must comply with §15.21 of this title (relating to Signature).
(8)
Fee. Except as otherwise provided, the applicant must
submit a nonrefundable fee of $140 with the application for license. The fee
must be in the form of a cashier's check, money order, or a check issued by
a federal, state, or local government agency, made payable to the Texas Department
of Public Safety.
(9)
Proof of age. Proof of age may be established by a
Texas driver's license or personal identification card issued by the department.
If an applicant cannot show proof of age through a driver's license or personal
identification card issued by the department, the applicant must submit alternative
proof of age. The applicant may submit a certified copy of the applicant's
birth certificate as prescribed in §15.24 of this title (relating to
Birth Certificate Or Other Acceptable Evidence).
(10)
Social Security number. An applicant must provide
the applicant's Social Security number. This information is required to assist
in the administration of laws relating to child support enforcement, as required
and authorized by Family Code, §231.302.
(11)
Failure to provide information.
If an applicant fails to provide all required application materials, or fails
to respond to a request by the department for additional information necessary
to process the application, the application process will be terminated as
set out in §6.17(a) of this title (relating to Application Review and
Background Investigation).
§6.16.Special Application Procedures and Fees.
(a)
Senior citizens. For purposes of this subsection, a person
60 years of age or older is considered a senior citizen and is entitled to
a reduced fee. Senior citizens must submit the basic application materials
required, except that the department shall reduce by 50% any fee required
for the issuance of an original, duplicate, or modified license under the
Act.
(b)
Indigent persons.
(1)
Eligibility. The department shall reduce by 50% any fee
required for the issuance of an original, duplicate, modified, or renewed
license under the Act if the department determines that the applicant or license
holder is indigent. Indigence is determined by determining the size of the
family unit and the yearly income level of the family unit. For purposes of
this subsection, an applicant is indigent if the applicant's income is not
more than 100% of the applicable income level established by the federal poverty
guidelines [
[
(2)
Applicants who are indigent must submit the basic
application required. In addition, persons applying under this subsection
are required to submit proof of indigence. An applicant may demonstrate indigence
by producing the applicant's most recent tax return, a recent application
for government assistance, or by other means acceptable to the department.
(c)
Honorably retired peace officer.
(1)
Eligibility. A person who is licensed as a peace officer
under Texas Government Code, Chapter 415, and who has been employed full-time
as a peace officer by a law enforcement agency may apply for a license upon
retirement. The application must be made not later than the first anniversary
after the date of retirement. The department may issue a license to an applicant
who is a retired peace officer if the applicant is:
(A)
honorably retired. For purposes of this subsection, "honorably
retired" means the applicant:
(i)
did not retire in lieu of any disciplinary action;
(ii)
was employed as a full-time peace officer for not less
than 10 years by one agency; and
(iii)
is entitled to receive a pension or annuity for service
as a law enforcement officer.
(B)
is physically fit to possess a handgun; and
(C)
is emotionally fit to possess a handgun.
(2)
Proficiency. To obtain a license under this subsection,
a retired peace officer must maintain, for the category of weapon licensed,
the proficiency required for a peace officer under Texas Government Code,
§415.035. In lieu of a standard certificate of proficiency, an honorably
retired peace officer may submit evidence of proficiency issued by a state
or local law enforcement agency, or by the Texas Commission on Law Enforcement
Officer Standards and Education (TCLEOSE). The department or a local law enforcement
agency shall allow a retired peace officer of the department or agency an
opportunity to annually demonstrate the required proficiency. The proficiency
shall be reported to the department on application and renewal. An applicant
who submits evidence of proficiency under this paragraph is not required to
apply for or attend a course of instruction with a certified handgun instructor.
(3)
Application and fee.
(A)
Evidence of proficiency. The applicant shall submit evidence
of proficiency issued by a state or local law enforcement agency.
(B)
Application materials.
(C)
Letter of good standing. In addition to the basic applications
required, the applicant shall submit a sworn statement on agency letterhead
from the head of the law enforcement agency employing the applicant to state
the following:
(i)
the name and rank of the applicant;
(ii)
the status of the applicant before retirement;
(iii)
whether or not the applicant was accused of misconduct
at the time of the retirement;
(iv)
the physical and mental condition of the applicant;
(v)
the type of weapons the applicant had demonstrated proficiency
with during the last year of employment;
(vi)
whether the applicant would be eligible for reemployment
with the agency, and if not, the reasons the applicant is not eligible; and
(vii)
a recommendation from the agency head regarding the issuance
of a license under the Act.
(D)
Reduced fee. The fee for a license issued under this subsection
shall be $25.
(d)
Honorably retired
federal peace officer
[
(1)
retirement credentials; and
(2)
a letter from the agency head on agency letterhead
stating that the applicant retired in good standing.
(e)
Active Peace Officer.
(1)
Eligibility. A person who is licensed as a peace
officer under Texas Government Code, Chapter 415, and is employed full-time
as a peace officer by a law enforcement agency may apply for a license.
(2)
Proficiency. To obtain a license under
this subsection, an active peace officer must maintain, for the category of
weapon licensed, the proficiency required for a peace officer under Texas
Government Code, §415.035. In lieu of a standard certificate of proficiency,
an active peace officer may submit evidence of proficiency issued by a state
or local law enforcement agency, or by the Texas Commission on Law Enforcement
Officer Standards and Education (TCLEOSE). An applicant who submits evidence
of proficiency under this paragraph is not required to apply for or attend
a course of instruction.
(3)
Application and fee.
(A)
Evidence of proficiency. The applicant shall
submit evidence of proficiency issued by a state or local law enforcement
agency.
(B)
Application materials, including two complete
sets of legible and classifiable fingerprints.
(C)
Letter of good standing. In addition to the
basic application materials required, the applicant shall submit a sworn statement
on agency letterhead from the head of the law enforcement agency employing
the applicant stating the following.
(i)
the name and rank of the applicant;
(ii)
whether the applicant has been accused of misconduct
at any time during the applicant's period of employment with the agency and
the disposition of that accusation;
(iii)
a description of the physical and mental condition
of the applicant;
(iv)
a list of the types of weapons the applicant
has demonstrated proficiency with during the preceding year; and
(v)
a recommendation from the agency head that a
license be issued to the person.
(D)
Reduced fee. The fee for a license issued under
this subsection shall be $25.
(f)
[
(1)
Eligibility. An active judicial officer is eligible for
a license to carry a concealed handgun. The department shall issue a license
to an active judicial officer who meets the requirements of this subsection.
(2)
Application and fee. An applicant for a license who
is an active judicial officer must submit the basic application materials
required, except that:
(A)
the fee for a license issued under this subsection shall
be $25;
(B)
the classroom instruction part of the proficiency course
required for an active judicial officer is not subject to a minimum hour requirement.
Applicants who are active judicial officers shall be required to take classroom
instruction only on:
(i)
handgun use, proficiency, and safety; and
(ii)
proper storage practices for handguns with an emphasis
on storage practices that eliminate the possibility of accidental injury to
a child.
(3)
Renewal. An active judicial officer is not
required to attend the classroom instruction part of the continuing education
proficiency course to renew a license.
(g)
[
[
the fee for a license issued
under this subsection shall be $25; and]
[
a retired judicial officer
shall be required to take classroom instruction only on:]
[
handgun use, proficiency, and safety; and]
[
proper storage practices for handguns with
an emphasis on storage practices that eliminate the possibility of accidental
injury to a child.]
(h)
[
(i)
Non-resident licenses.
(1)
Eligibility. The department shall issue a license
to a legal resident of another state if:
(A)
the applicant's state of residence does not
provide for the issuance of a license to carry a concealed handgun; and
(B)
the applicant meets the eligibility requirements
of the Act, other than the residency requirement.
(2)
Application and fee. An applicant
who is a legal resident of another state shall submit the basic application
materials and pay an application fee of $140.
(3)
If a Texas resident license holder moves
to a state that does not provide for the issuance of a license to carry a
concealed handgun, the license holder may submit a change of address form
to the department to reflect the new out-of-state address. If the Texas license
holder moves to a state which provides for the issuance of a license to carry
a concealed handgun, the license holder must surrender the license to the
department. If the license holder does not surrender the license, the department
will revoke the license.
(4)
If a state whose residents previously qualified
for a Texas non-resident license subsequently enacts a law providing for the
issuance of a license to carry a concealed handgun, any resident of that state
who has been issued a non-resident license must surrender the license to the
department. The department will revoke the license of any non-resident license
holder who does not surrender the license after the non-resident's state enacts
such a law.
[
Reciprocal licenses for non-residents.
On application by a person who has a valid license to carry a concealed handgun
issued by another state, the department may issue to the non-resident license
holder a reciprocal license without requiring that the person meet eligibility
requirements or pay fees otherwise imposed by the Act. Before issuing a reciprocal
license, the department must first determine that:]
[
the eligibility requirements imposed by the
other state are at least as rigorous as the requirements imposed by the Act;
and]
[
the other state provides reciprocal licensing
privileges to a person who holds a license issued by the department under
the Act and applies for a license in the other state.]
(j)
[
(1)
Eligibility. To be eligible to be a certified handgun instructor,
a instructor applicant must be eligible to be licensed to carry a concealed
handgun. A certified handgun instructor is not required to be licensed to
carry a concealed handgun.
(2)
Application and fee. Prior to being accepted for training
by the department, an instructor applicant must complete the required application
materials and submit these to the department at its headquarters in Austin.
An instructor applicant must complete the basic application materials required,
except that:
(A)
photographs are not required;
(B)
the fee for application and training is $100. Initial and
renewal instructor applicants will have two notified scheduled opportunities
to attend respective classes in Austin. Upon not attending by the second opportunity,
the $100 application renewal fee shall be forfeited; and
(C)
in addition to other required application materials, instructor
applicants are required to submit certain additional information required
by the department on Form CR-90T, which is adopted for this purpose.
(k)
Reciprocal agreements.
(1)
The department shall negotiate an agreement
with any other state that provides for the issuance of a license to carry
a concealed handgun under which a license issued by the other state is recognized
in this state if the department determines that;
(A)
the eligibility requirements imposed by the other state
include background check requirements that meet or exceed background requirements
imposed by federal law as a condition of receiving a handgun; and
(B)
the other state recognizes a license issued
in this state.
(2)
Any agreement negotiated under this
subsection shall be signed by the director of the department with the approval
of the governor and by the appropriate agency head of the state with which
the department is negotiating an agreement. A list of the states with which
Texas has a reciprocal agreement shall be maintained in the department's public
information office. A resident of a state with which Texas has a reciprocal
agreement may not be issued a Texas license; however, if the resident has
a valid license from his issuing state, the license will be honored in Texas.
[
Two year licenses. Initial
licenses will be issued for either a two year or a four year term. Certain
license applicants, randomly selected, will be issued an application for a
two year license The department shall reduce by 50% the fee required for issuance
of a two year license. After expiration of the two year license, renewals
will be for a four year period.]
§6.17.Application Review and Background Investigation.
(a)
Applications must be complete and legible. If an application
is not legible or is not complete, the department will notify the applicant
of any apparent deficiency. The applicant will have 90 days from the date
on which the department first received the original license application to
amend the application. Upon request, the department may extend the period
to amend the application for one additional 90 day period. After the period
to amend has expired, then the application process will be terminated.
(b)
Time to review application and complete background investigation.
[
(c)
Central background investigation. On receipt of the completed
application materials, the department shall review the application and conduct
a background check of each applicant. The central background investigation
will include a criminal history record check of each applicant for an original
or renewal license or certification through the department's computerized
criminal history system. The department shall send one set of the applicant's
fingerprints to the Federal Bureau of Investigation for a national criminal
history check of the applicant. The scope of the background investigation
additional to the criminal history check is within the sole discretion of
the department.
(d)
Field background investigation. Not later than the 30th
day after the date the department receives the application materials, the
department shall send the application materials to the director's designee
in the geographical area of the applicant's residence for a field background
investigation. The director's designee is authorized to conduct a field background
investigation. The scope of the field background investigation is within the
sole discretion of the department. The director's designee is authorized to
conduct an additional criminal history record check of the applicant and an
investigation of locally maintained official records to verify the accuracy
of the application materials. The director's designee is authorized to check
local arrest records of law enforcement agencies in each city and county where
the applicant has resided for the five years preceding the date of application.
The director's designee is authorized to obtain copies of official records
of arrests or convictions if necessary. On request of the director's designee,
a juvenile court shall reopen and allow the department to inspect the files
and records of the juvenile court relating to the license applicant. The director's
designee is authorized to investigate other credible information received
and to conduct appropriate follow-up investigation as necessary. Upon completion
of the investigation, the director's designee shall return all application
materials and investigation results to the appropriate division of the department
at the address as specified in §6.3 of this title (relating to Correspondence).
The investigation results shall include a written recommendation that the
application either be approved or disapproved.
If the director's designee
recommends disapproval, the recommendation shall be accompanied by an affidavit
stating personal knowledge or naming persons with personal knowledge of a
ground for denial under The Act.
The investigation results may include
affidavits from other persons stating grounds for denial.
§6.18.License Issuance.
(a)
The department shall issue a license to carry a concealed
handgun to an applicant if the applicant meets all the eligibility requirements
and submits all the required application materials. The department shall not
issue a license or instructor certificate to any applicant for whom possession
of a firearm would be in violation of state or federal law. This determination
will be based on all information available to the department, including information
provided to the department on the application, the background investigation,
and other information provided to the department.
(b)
Category. The department may issue a license to carry handguns
only of the categories indicated on the applicant's certificate of proficiency
issued.
(c)
Effective date of license. A [
(d)
Form of license. A license to carry a concealed handgun
shall include the following information:
(1)
a number assigned to the license holder by the department;
(2)
a statement of the period for which the license is
effective;
(3)
a statement of the category or categories of handguns
the license holder may carry. The categories of handguns are as follows:
(A)
SA: any handguns, whether semi-automatic or not; and
(B)
NSA: handguns that are not semi-automatic.
(4)
a color photograph of the license holder; and
(5)
the license holder's full name, date of birth, residence
address, hair and eye color, height, weight, signature, and the number of
a driver's license or an identification certificate issued to the license
holder by the department.
§6.21.Renewal of License.
(a)
Grace period. A license holder whose license has expired
may submit an application to renew the license up to one year after the expiration
of the license. After one year, the license holder will be required to reapply
as a new applicant.
(b)
Notice of renewal. Notice of renewal will not be sent to
a license holder more than six months prior to the expiration of the license.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on May
19, 1999.
TRD-9902931
Dudley M. Thomas
Director
Texas Department of Public Safety
Earliest possible date of adoption: July 4, 1999
For further information, please call: (512) 424-2135
37 TAC §6.21
(Editor's note: The text of the following section proposed for
repeal will not be published. The section may be examined in the offices of
the Texas Department of Public Safety or in the Texas Register office, Room
245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas Department of Public Safety proposes the
repeal of §6.21, concerning license to carry concealed handgun. The section
is proposed for repeal due to substantial amendments being made. The section
is proposed for repeal with simultaneous filing of new §6.21 which clarifies
the renewal of license process.
Tom Haas, Chief of Finance, has determined that for each year of the first
five-year period the repeal is in effect there will be no fiscal implications
to state or local government.
Mr. Haas also has determined that repeal of the rule would have no anticipated
economic cost or benefit to the public. The repeal would have no fiscal impact
on small or large businesses.
Comments on the proposal may be submitted to Mary Ann Courter, Chief of
Legal Services, Texas Department of Public Safety, Box 4087, Austin, Texas
78773-0140, (512) 424-2890.
The repeal is proposed pursuant to Texas Civil Statutes, Article
4413(29ee), §22 (now codified in Texas Government Code, Subchapter H,
§411.197) which authorize the department to adopt rules to administer
this article.
Texas Civil Statutes, Article 4413(29ee), §22 (now codified in Texas
Government Code, Subchapter H, §411.197) is affected by this repeal.
§6.21.Renewal of License.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of the Secretary of State on May
19, 1999.
TRD-9902930
Dudley M. Thomas
Director
Texas Department of Public Safety
Earliest possible date of adoption: July 4, 1999
For further information, please call: (512) 424-2135
37 TAC §6.31
The Texas Department of Public Safety proposes an amendment
to §6.31, concerning Notice of Denial; Grounds. Amendment to §6.31
is necessary in order for the department to comply with legislative changes
to the Concealed Handgun Statute.
Tom Haas, Chief of Finance, has determined that for each year of the first
five-year period the rule is in effect there will be no fiscal implications
to state or local government.
Mr. Haas also has determined that for each year of the first five-year
period the rule is in effect the public benefit anticipated as a result of
enforcing or administering the rule will be the licensing of individuals to
carry a concealed handgun. There is no anticipated economic cost to small
or large businesses. There is no anticipated economic cost to individuals.
Comments on the proposal may be submitted to Mary Ann Courter, Chief of
Legal Services, Texas Department of Public Safety, Box 4087, Austin, Texas,
78773-0140, (512) 424-2890.
The amendment is proposed pursuant to Texas Civil Statutes, Article
4413 (29ee), §22 (now codified in Texas Government Code, Subchapter H,
§411.197) which authorize the department to adopt rules to administer
this article.
Texas Civil Statutes, Article 4413 (29ee), §22 (now codified in Texas
Government Code, Subchapter H, §411.197) is affected by this proposal.
§6.31.Notice of Denial; Grounds.
(a)
After the time has elapsed for the department to conduct
the application review and background investigation required, the department
shall either issue the license, or shall give the applicant written notice
of denial. Notice of denial will be mailed to the address currently reported
to the department by the applicant, as provided in §6.3 of this title
(relating to Correspondence).
(b)
A notice of denial shall state one or more of the following
grounds for denial:
(1)
that the applicant failed to qualify under the eligibility
criteria listed in the Act[
(2)
that the director's designee has recommended denial
by affidavit submitted to the department under the Act, [
(3)
That a certified instructor has recommended denial
by affidavit submitted to the department under the Act[
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of the Secretary of State, on
May 19, 1999.
TRD-9902932
Dudley M. Thomas
Director
Texas Department of Public Safety
Earliest possible date of adoption: July 4, 1999
For further information, please call: (512) 424-2135
37 TAC §§6.43-6.45
The Texas Department of Public Safety proposes amendments
to §§6.43-6.45, concerning Time, Place, and Manner Restrictions
on License Holders. Amendments to the sections are necessary in order for
the department to comply with legislative changes to the Concealed Handgun
Statute.
Tom Haas, Chief of Finance, has determined that for each year of the first
five-year period the rules are in effect there will be no fiscal implications
to state or local government as a result of enforcing or administering the
rules.
Mr. Haas also has determined that for each year of the first five-year
period the rules are in effect the public benefit anticipated as a result
of enforcing or administering the rules will be the licensing of individuals
to carry a concealed handgun. There is no anticipated economic cost to small
or large businesses. There is no anticipated economic cost to individuals.
Comments on the proposal may be submitted to Mary Ann Courter, Chief of
Legal Services, Texas Department of Public Safety, Box 4087, Austin, Texas,
78773-0140, (512) 424-2890.
The amendments are proposed pursuant to Texas Civil Statutes,
Article 4413 (29ee), §22 (now codified in Texas Government Code, Subchapter
H, §411.197) which authorize the department to adopt rules to administer
this article.
Texas Civil Statutes, Article 4413 (29ee), §22 (now codified in Texas
Government Code, Subchapter H, §411.197) is affected by this proposal.
§6.43.Failure To Display License On Demand.
If a license holder is carrying a handgun on or about the license holder's
person, then upon demand by a magistrate or a peace officer that the license
holder display identification, the license holder shall display both the license
holder's driver's license or identification certificate issued by the department
and the license holder's handgun license.
The first violation shall result
in a 90-day suspension of the license holder's license and the second violation
[
§6.44.Places Prohibited: Felony Violations.
A license holder may not carry a handgun on or about the license holder's
person under authority of the Act in the following places:
(1)
On the premises of a business that has a permit or license
issued under Alcoholic Beverage Code, Chapters 25, 28, 32, [
(2)
On the premises of a correctional facility. No posting
is required by the Act. Violation is a third degree felony under Texas Penal
Code, §46.035.
(3)
On the physical premises of a school, an educational
institution, or a passenger transportation vehicle of a school or an educational
institution, whether the school or educational institution is public or private,
unless pursuant to written regulations or written authorization of the institution.
No posting is required by the Act. Violation is a third degree felony under
Texas Penal Code, §46.03.
(4)
On the premises of a polling place on the day of an
election or while early voting is in progress. No posting is required by the
Act. Violation is a third degree felony under Texas Penal Code, §46.03.
(5)
In any government court or offices utilized by the
court, unless pursuant to written regulations or written authorization of
the court. No posting is required by the Act. Violation is a third degree
felony under Texas Penal Code, §46.03.
(6)
On the premises of a racetrack. No posting is required
by the Act. Violation is a third degree felony under Texas Penal Code, §46.03.
(7)
Into a secured area of an airport. No posting is required
by the Act. Violation is a third degree felony under Texas Penal Code, §46.03.
§6.45.Places Prohibited: Class A Misdemeanor Violations.
A license holder may not carry a handgun on or about the license holder's
person under authority of the Act in the following places:
(1)
On the premises of a hospital licensed under the Health
and Safety Code, Chapter 241, unless the license holder has written authorization
of the hospital administration. Posting is required by the Act[
(2)
On the premises of a nursing home licensed under the
Health and Safety Code, Chapter 242, unless the license holder has written
authorization of the nursing home administration. Posting is required by the
Act[
(3)
On the premises where a high school, collegiate, or
professional sporting event is taking place, unless the license holder is
a participant in the event and a handgun is used in the event. No posting
is required by the Act. Violation is a Class A misdemeanor under Texas Penal
Code, §46.035.
(4)
In an amusement park. "Amusement park" means a permanent
indoor or outdoor facility or park where amusement rides are available for
use by the public that is located in a county with a population of more than
one million, encompasses at least 75 acres in surface area, is enclosed with
access only through controlled entries, is open for operation more than 120
days in each calendar year, and has security guards on the premises at all
times. The term does not include any public or private driveway, street, sidewalk
or walkway, parking lot, parking garage, or other parking area. No posting
is required by the Act. Violation is a Class A misdemeanor under Texas Penal
Code, §46.035.
This subsection shall not apply if the actor was
not given effective notice under Texas Penal Code §30.06.
(5)
On the premises of a church, synagogue, or other established
place of religious worship. No posting is required by the Act. Violation is
a Class A misdemeanor under Texas Penal Code, §46.035.
This subsection
shall not apply if the actor was not given effective notice under Texas Penal
Code §30.06.
(6)
At any meeting of a governmental entity. No posting
is required by the Act. Violation is a Class A misdemeanor under Texas Penal
Code, §46.035.
This subsection shall not apply if the actor was
not given effective notice under Texas Penal Code §30.06.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of the Secretary of State, on
May 19, 1999.
TRD-9902933
Dudley M. Thomas
Director
Texas Department of Public Safety
Earliest possible date of adoption: July 4, 1999
For further information, please call: (512) 424-2135
37 TAC §6.61, §6.63
The Texas Department of Public Safety proposes amendments
to §6.61 and §6.63, concerning license to carry concealed handgun.
The amendments are necessary in order for the department to comply with legislative
amendments to the Concealed Handgun Statute.
Tom Haas, Chief of Finance, has determined that for each year of the first
five-year period the rules are in effect there will be no fiscal implications
for state or local government as a result of enforcing or administering the
rules.
Mr. Haas also has determined that for each year of the first five years
the rules are in effect the public benefit anticipated as a result of enforcing
or administering the rules will be the licensing of individuals to carry a
concealed handgun. There is no anticipated economic cost to small or large
businesses. There is no anticipated economic cost to individuals.
Comments on the proposal may be submitted to Mary Ann Courter, Chief of
Legal Services, Texas Department of Public Safety, Box 4087, Austin, Texas
78773-0140, (512) 424-2890.
The amendments are proposed pursuant to Texas Civil Statutes,
Article 4413(29ee), §22 (now codified in Texas Transportation Code, Subchapter
H, §411.197) which authorize the department to adopt rules to administer
this chapter.
Texas Civil Statutes, Article 4413(29ee), §22 (now codified in Texas
Transportation Code, Subchapter H, §411.197) is affected by this proposal.
§6.61.Suspension of License for Violation of the Act.
(a)
Violation report; suspension of license. If any peace officer
believes that grounds for suspension exist, the officer shall prepare an affidavit
on a form provided by the department stating the reason for the suspension
of the license. The officer shall send the department all of the information
available to the officer at the time of the preparation of the violation report.
The officer shall attach the officer's reports relating to the license holder
to the form and send the form and the attachments to the appropriate division
of the department at its Austin headquarters not later than the fifth working
day after the date the form is prepared. The officer shall send a copy of
the form and the attachments to the license holder.
(b)
Notice of suspension; grounds. The department shall give
written notice to each license holder of any suspension of that license. A
license may be suspended under this section if the license holder:
(1)
is
charged with the commission of a Class A or Class
B misdemeanor or an offense
[
(2)
fails to display a license as required by the Act[
(3)
fails to notify the department of a change of address
or name as required by the Act[
(4)
carries a concealed handgun under the authority of
the Act of a different category than the license holder is licensed to carry
, or
;
[
has been charged by indictment
with the commission of an offense that would make the license holder ineligible
for a license on conviction; or]
(5)
[
(c)
Surrender of license. If the license holder has not surrendered
the license or the license was not seized as evidence, the license holder
shall surrender the license to the appropriate division of the department
not later than the 10th day after the date the license holder received the
notice of suspension from the department unless the license holder requests
a hearing from the department.
(d)
Hearing request. The license holder may request that the
justice court in the justice court precinct in which the license holder resides
review the suspension as provided by §6.32 of this title (relating to
Request for Hearing; Administrative Review of Denial). If a suspension hearing
is held and the court order is ordered by the justice court, the license holder
shall surrender the license on the date an order of suspension has been entered
by the justice court.
If the license holder does not petition the justice
court, the suspension takes effect on the 30th day after receipt of written
notice.
(e)
Procedure. Suspension hearings shall be conducted in the
same manner as hearings on denial.
(f)
Length of suspension.
A license may be suspended under
this section:
[
(1)
for 30 days, if the person's
license is subject to suspension for failing to notify the department of a
change of address or name, for carrying a concealed handgun of a different
category than the license holder is licensed to carry, or for failing to return
a previously issued license after the license is modified;
(2)
for 90 days, if the person's
license is subject to suspension for failing to display the license as required
under the Act;
(3)
for not less than one
year and not more than three years if the person's license is subject to suspension
for any of the above reasons and the person's license has been previously
suspended for the same reason; or
(4)
until dismissal of the
charges, if the person's license is subject to suspension because the license
holder is charged with the commission of a Class A or Class B misdemeanor
or an offense under Texas Penal Code §42.01 or of a felony under an information
or indictment.
(g)
A license holder whose license
expires during a suspension period may renew the license; however, the renewed
license will not be issued by the department until the expiration of the suspension
period.
§6.63.Revocation of License.
(a)
Violation report; revocation of license. If a peace officer
believes that grounds for revocation exist, the peace officer shall prepare
an affidavit on a form provided by the department stating the reason for the
revocation of the license. The officer shall send the department all of the
information available to the peace officer at the time of the preparation
of the form. The officer shall attach the officer's reports relating to the
license holder to the form and send the form and attachments to the department
at its' headquarters in Austin not later than the fifth working day after
the date the form is prepared. The officer shall send a copy of the form and
the attachments to the license holder.
(b)
Notice of revocation; grounds. The department shall give
written notice to each license holder of any revocation of that license. A
license may be revoked if the license holder:
(1)
was not entitled to the license at the time it was issued;
(2)
gave false information on the application;
(3)
subsequently becomes ineligible for a license under
the Act, §2
, unless the sole basis for the ineligibility is that
the license holder is charged with the commission of a Class A or Class B
misdemeanor of an offense under Texas Penal Code, §42.01, or of a felony
under an information or indictment
; [
(4)
is convicted of an offense under Texas Penal Code,
§46.035
; or
[
(5)
is determined by the department
to have engaged in conduct constituting a reason to suspend the license after
the license has been previously suspended twice for the same reason.
(c)
Surrender of license. If the license holder has not surrendered
the license or the license was not seized as evidence, the license holder
shall surrender the license to the appropriate division of the department
not later than the 10th day after the date the license holder receives the
notice of revocation from the department, unless the license holder requests
a hearing from the department.
(d)
Hearing request. The license holder may request that the
justice court in the justice court precinct in which the license holder resides
review the revocation as provided by §6.32 of this title (relating to
Request for Hearing; Administrative Review of Denial). If a revocation hearing
is held and the court order is ordered by the justice court, the license holder
shall surrender the license on the date an order of revocation has been entered
by the justice court.
If the license holder does not petition the justice
court, the revocation takes effect on the 30th day after receipt of written
notice.
(e)
Procedure. Revocation hearings shall be conducted in the
same manner as hearings on denial.
(f)
Length of revocation; reapplication. A license holder whose
license has been revoked for a reason listed in this section may reapply as
a new applicant for the issuance of a license under the Act after the second
anniversary of the date of the revocation if the cause for revocation no longer
exists. If the cause of revocation still exists on the date of the second
anniversary after the date of revocation, the licensee may not apply for a
new license until the cause for the revocation no longer exists and has ceased
to exist for a period of two years.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on May
19, 1999.
TRD-9902934
Dudley M. Thomas
Director
Texas Department of Public Safety
Earliest possible date of adoption: July 4, 1999
For further information, please call: (512) 424-2135
37 TAC §§6.82, 6.84, 6.95
The Texas Department of Public Safety proposes amendments
to §§6.82, 6.84, and 6.95, concerning license to carry concealed
handgun. Section 6.82 and §6.84 are amended to comply with legislative
changes to the Concealed Handgun Statute. §6.95 is amended to provide
a grace period for the acceptance of renewal instructor applications.
Tom Haas, Chief of Finance, has determined that for each year of the first
five years the rules are in effect there will be no fiscal implications for
state or local government as a result of enforcing or administering the rules.
Mr. Haas also has determined that for each year of the first five years
the rules are in effect the public benefit anticipated as a result of enforcing
or administering the rules will be the licensing of individuals to carry a
concealed handgun. There is no anticipated economic cost to small or large
businesses. The anticipated cost to individuals is the $100 fee required by
the department and successful completion of the retraining courses.
Comments on the proposal may be submitted to Mary Ann Courter, Chief of
Legal Services, Texas Department of Public Safety, Box 4087, Austin, Texas
78773-0140, (512) 424-2890.
The amendments are proposed pursuant to Texas Civil Statutes,
Article 4413(29ee), §22 (now codified in Texas Government Code, Subchapter
H, §411.197) which authorize the department to adopt rules to administer
this chapter.
Texas Civil Statutes, Article 4413(29ee), §22 (now codified in Texas
Government Code, Subchapter H, §411.197) is affected by this proposal.
§6.82.Instructor Certification.
An instructor applicant who has submitted the required application
material, successfully completed training by the department, and who meets
the eligibility requirements, may be certified as a handgun instructor by
the department. Upon certification, an instructor may conduct training and
proficiency examination of license applicants. [
§6.84.Curriculum for License Applicants.
(a)
Certified handgun instructors must instruct license applicants
on the basis of the curriculum developed and approved by the department. The
department shall develop and distribute directions and materials for course
instruction, test administration, and recordkeeping.
(b)
Classroom instruction. The course must include at least
10 hours and not more than 15 hours of instruction on:
(1)
the laws that relate to weapons and to the use of deadly
force;
(2)
handgun use, proficiency, and safety;
(3)
nonviolent dispute resolution; and
(4)
proper storage practices for handguns with an emphasis
on storage practices that eliminate the possibility of accidental injury to
a child.
(c)
Range instruction. The examination must include a physical
demonstration of the proficiency in the use of one or more handguns of specific
categories and in handgun safety procedures. An applicant may not be certified
unless the applicant demonstrates, at a minimum, the degree of proficiency
that is required to effectively operate a [
§6.95.Expiration and Renewal of Instructor Certification.
The certification of a qualified handgun instructor expires on the
second anniversary after the date of certification. To renew certification,
an instructor must pay a fee of $100 and take and successfully complete the
retraining courses required by the department.
An instructor whose certificate
has expired may renew the certificate up to two years after its expiration.
After two years, the instructor must reapply as a new instructor applicant.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on May
19, 1999.
TRD-9902935
Dudley M. Thomas
Director
Texas Department of Public Safety
Earliest possible date of adoption: July 4, 1999
For further information, please call: (512) 424-2135
37 TAC §6.114, §6.118
The Texas Department of Public Safety proposes amendments
to §6.114 and §6.118, concerning license to carry concealed handgun.
Amendments to the sections are necessary in order for the department to comply
with legislative changes to the Concealed Handgun Statute.
Tom Haas, Chief of Finance, has determined that for each year of the first
five years the rules are in effect there will be no fiscal implications for
state or local government as a result of enforcing or administering the rules.
Mr. Haas also has determined that for each year of the first five years
the rules are in effect the public benefit anticipated as a result of enforcing
the rules will be the licensing of individuals to carry a concealed handgun.
There is no anticipated economic cost to small or large businesses. There
is no anticipated economic cost to individuals.
Comments on the proposal may be submitted to Mary Ann Courter, Chief of
Legal Services, Texas Department of Public Safety, Box 4087, Austin, Texas
78773-0140, (512) 424-2890.
The amendments are proposed pursuant to Texas Civil Statutes,
Article 4413(29ee), §22 (now codified in Texas Government Code, Subchapter
H, §411.197) which authorize the department to adopt rules to administer
this article.
Texas Civil Statutes, Article 4413(29ee), §22 (now codified in Texas
Government Code, Subchapter H, §411.197) is affected by this proposal.
§6.114.Confidential Information.
Except as otherwise provided by this subchapter and the Act,[
§6.118.Reports from Law Enforcement Agencies to the Department.
Local law enforcement agencies in Texas shall maintain records necessary
to prepare and submit the concealed handgun incident report form, which reports
information regarding incidents in which a person licensed to carry a handgun
under
the Act
[
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on May
19, 1999.
TRD-9902936
Dudley M. Thomas
Director
Texas Department of Public Safety
Earliest possible date of adoption: July 4, 1999
For further information, please call: (512) 424-2135
Subchapter A. Commercial Vehicle Registration Enforcement
37 TAC §§11.1, 11.5
The Texas Department of Public Safety proposes amendments
to §11.1 and §11.5, concerning Commercial Vehicle Registration Enforcement.
The amendments are necessary to reflect changes resulting from the re-codification
of Texas Civil Statutes to Texas Transportation Code and the repeal of Texas
Civil Statutes, Articles 911b and 6701c-1.
Tom Haas, Chief of Finance, has determined that for each year of the first
five-year period the rules are in effect there will be no fiscal implications
for state or local government as a result of enforcing or administering the
rules.
Mr. Haas also has determined that for each year of the first five-year
period the rules are in effect the public benefit anticipated as a result
of enforcing the rules will be to ensure greater compliance with commercial
vehicle registration and weight enforcement. The cost of compliance for small
businesses is the same as the cost of compliance for large businesses. There
is no anticipated economic cost to individuals.
Comments on the proposal may be submitted to Mary Ann Courter, Chief of
Legal Services, Texas Department of Public Safety, Box 4087, Austin, Texas,
78773-0140, (512) 424-2890.
The amendments are proposed pursuant to Texas Government Code,
§411.006(4) and §411.018, which provide the director of the Texas
Department of Public Safety with the authority to establish rules for the
conduct of the work of the Texas Department of Public Safety.
Texas Government Code, §411.006(4) and §411.018 are affected
by this proposal.
§11.1.Basic Enforcement Guidelines.
The Department of Public Safety is charged with the responsibility
of enforcing registration requirements of commercial vehicles. This enforcement
will be based on the statutory provisions of Texas
Transportation Code,
Chapter 502,
[
§11.5.Basic Enforcement Guidelines for Enforcement Registration and Permit Requirements of Oil Well Servicing Equipment.
The Department of Public Safety, under the authority of Government
Code, Chapter 411, §411.002, is charged with the responsibility of enforcing
laws protecting public safety, including, but not limited to the registration
requirements. This enforcement will be based on the statutory provisions of
Texas
Transportation Code, §§623.141-623.150
[
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State, on
May 19, 1999.
TRD-9902937
Dudley M. Thomas
Director
Texas Department of Public Safety
Earliest possible date of adoption: July 4, 1999
For further information, please call: (512) 424-2135
37 TAC §11.28
(Editor's note: The text of the following section proposed for
repeal will not be published. The section may be examined in the offices of
the Texas Department of Public Safety or in the Texas Register office, Room
245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas Department of Public Safety proposes the
repeal of Subchapter B and §11.28, concerning Lease Requirements for
Commercial Motor Vehicles.
The General Appropriations Act, House Bill 1, Article IX, Rider 167, passed
by the 75th Legislature, requires each state agency to review and consider
for readoption each rule adopted by that agency pursuant to the Texas Government
Code, Chapter 2001 (Administrative Procedure Act). The subchapter title and
section are proposed for repeal because the reason for adopting them no longer
exists.
Tom Haas, Chief of Finance, has determined that for each year of the first
five-year period the repeal is in effect there will be no fiscal implications
to state or local government.
Mr. Haas also has determined that repeal of the rule would have no anticipated
economic cost or benefit to the public. The repeal would have no fiscal impact
on small or large businesses.
Comments on the repeal may be submitted to Mary Ann Courter, Chief of Legal
Services, Texas Department of Public Safety, Box 4087, Austin, Texas, 78773-0140,
(512) 424-2890.
The repeal is proposed pursuant to Texas Government Code, §411.006(4),
and §411.018, which provides the director of the Texas Department of
Public Safety with the authority to establish rules for the conduct of the
work of the Texas Department of Public Safety.
Texas Government Code, §411.006(4) and §411.018 are affected
by this proposal.
§11.28.Mailing Address to File Lease, Memorandum, or Agreement.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of the Secretary of State, on
May 19, 1999.
TRD-9902938
Dudley M. Thomas
Director
Texas Department of Public Safety
Earliest possible date of adoption: July 4, 1999
For further information, please call: (512) 424-2135
37 TAC §§11.41-11.44
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Texas Department of Public Safety or in the Texas Register office,
Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas Department of Public Safety proposes the
repeal of Subchapter C and §§11.41-11.44, concerning Motor Carrier
Enforcement Guidelines.
The General Appropriations Act, House Bill 1, Article IX, Rider 167, passed
by the 75th Legislature, requires each state agency to review and consider
for readoption each rule adopted by that agency pursuant to the Texas Government
Code, Chapter 2001, (Administrative Procedure Act). The subchapter title and
sections are proposed for repeal because the reason for adopting them no longer
exists.
Tom Haas, Chief of Finance, has determined that for each year of the first
five-year period the repeal is in effect there will be no fiscal implications
to state or local government.
Mr. Haas also has determined that repeal of the rule would have no anticipated
economic cost or benefit to the public. The repeal would have no fiscal impact
on small or large businesses.
Comments on the repeal may be submitted to Mary Ann Courter, Chief of Legal
Services, Texas Department of Public Safety, Box 4087, Austin, Texas, 78773-0140,
(512) 424-2890.
The repeals are proposed pursuant to Texas Government Code, §411.006(4),
and §411.018, which provides the director of the Texas Department of
Public Safety with the authority to establish rules for the conduct of the
work of the Texas Department of Public Safety.
Texas Government Code, §411.006(4) and §411.018 are affected
by this proposal.
§11.41.Adoption of the Texas Railroad Commission Motor Transportation Regulations, as Amended.
§11.42.Display and Use of Railroad Commission Identification Card.
§11.43.Motor Carriers Operating Under Temporary Authority.
§11.44.Drive-Away Operators.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of the Secretary of State, on
May 19, 1999.
TRD-9902939
Dudley M. Thomas
Director
Texas Department of Public Safety
Earliest possible date of adoption: July 4, 1999
For further information, please call: (512) 424-2135
37 TAC §11.51, §11.52
The Texas Department of Public Safety proposes amendments
to §11.51 and §11.52, concerning Weight Law Enforcement. The amendments
are necessary to reflect changes resulting from the re-codification of Texas
Civil Statutes to Texas Transportation Code and the repeal of Texas Civil
Statutes, Articles 911b and 6701c-1.
Tom Haas, Chief of Finance, has determined that for each year of the first
five-year period the rules are in effect there will be no fiscal implications
for state or local government.
Mr. Haas also has determined that for each year of the first five-year
period the rules are in effect the public benefit anticipated as a result
of enforcing or administering the rules will be to ensure greater compliance
with commercial vehicle registration and weight enforcement. The cost of compliance
for small businesses is the same as the cost of compliance for large businesses.
There is no anticipated economic cost to individuals.
Comments on the proposal may be submitted to Mary Ann Courter, Chief of
Legal Services, Texas Department of Public Safety, Box 4087, Austin, Texas,
78773-0140, (512) 424-2890.
The amendments are proposed pursuant to Texas Government Code,
§411.006(4) and §411.018, which provide the director of the Texas
Department of Public with the authority to establish rules for the conduct
of the work of the Texas Department of Public Safety.
Texas Government Code, §411.006(4) and §411.018 are affected
by this proposal.
§11.51.Stopping, Weighing, and Reducing Excess Cargo of Loaded Motor Vehicles.
(a)
The department of public safety will stop, weigh, and cause
the excess loads to be reduced relating to the operation of loaded motor vehicles
in compliance with the provisions of the statutes.
(b)
It is the policy of the department of public safety to
consider loaded trailers and semitrailers operated in combination with a truck
or truck tractor to be a part of a loaded motor vehicle and would, therefore,
be required to comply with the weighing and unloading provisions of Texas
Transportation Code, Chapter 621
[
§11.52.Rearranging Excess Cargo.
The department of public safety interprets
Texas Transportation
Code, §621.404
[
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State, on
May 19, 1999.
TRD-9902940
Dudley M. Thomas
Director
Texas Department of Public Safety
Earliest possible date of adoption: July 4, 1999
For further information, please call: (512) 424-2135
Subchapter E. Advertising General Provisions
37 TAC §§14.61-14.67
The Texas Department of Public Safety proposes new §§14.61-14.67,
concerning requirements for placing advertising or paid announcements on the
exterior of school buses transporting public school students. These new sections
set forth the allowable materials and locations of advertising or paid announcements
on the exterior of public school buses and define terms commonly used in the
profession. These sections are proposed to define what a person must do to
place advertising or paid announcements on the exterior of school buses transporting
public school students in order to comply with the safety provisions of House
Bill 3249, 75th Legislature, 1997, which amended Texas Transportation Code,
§547.701(d).
The proposals are necessary to implement the provisions of House Bill 3249,
75th Legislature, 1997, which amended Texas Transportation Code, §547.701(d).
This statute prohibits a school bus from bearing advertising or another paid
announcement directed at the public if the advertising or announcement distracts
from the effectiveness of required safety warning equipment in order to protect
the safety of students who are transported on public school buses. The statute
further directs the department to adopt rules to implement the statute.
Tom Haas, Chief of Finance, has determined that for the first five-year
period the sections are in effect, there will be no fiscal implications for
state government as a result of enforcing or administering the sections. Mr.
Haas has also determined that for the first five-year period the sections
are in effect, there will be fiscal implications for local government if the
school districts enter a contract to advertise; however, the fiscal implications
of revenues cannot be determined due to the individuality of contract negotiated
terms.
Mr. Haas also has determined that for each year of the first five years
the sections are in effect, the public benefit anticipated as a result of
enforcing the sections will be the potential for additional revenues to the
local school district generated as a result of placing advertising or paid
announcements from small or large businesses on the exterior of school buses.
The anticipated economic cost of expense to persons who contract to advertise
and are subsequently required to comply with the sections as proposed cannot
be determined due to the individuality of contract negotiated terms.
Comments on the proposal may be submitted to Mary Ann Courter, Chief of
Legal Services, Texas Department of Public Safety, Box 4087, Austin, Texas
78773-0140, (512) 424-2890.
The new sections are proposed pursuant to Texas Transportation
Code, §547.101, which authorizes the department to adopt rules necessary
to administer this chapter.
Texas Transportation Code, §547.101 is affected by this proposal.
§14.61. Definitions.
The following words and terms, when used in this chapter, shall have
the following meanings, unless the context clearly indicates otherwise
(1)
Advertisement - any communication brought to the attention
of the public by paid announcement or in return for public recognition in
connection with an event or offer or sale of a product or service, except
for a single-line listing of a carrier name or manufacturer logo approved
by the General Services Commission and the Texas Department of Public Safety.
(2)
Safety Warning Equipment - that equipment which identifies
a school bus including, but not limited to, the exterior color of the school
bus painted national school bus yellow (Color No. 13432 of Federal Standard
No. 595a), all lights, reflectors, "school bus" identification markings, emergency
exit locations, stop signal arm, student crossing gate and reflective tape
described in the General Services Commission annual manual,
Texas School Bus Specifications
.
§14.62. Applicability.
These rules apply to all school buses used to transport preprimary,
primary, and secondary public school students.
§14.63. Material and Attachment.
(a)
Advertisements must be of a durable material or paint.
(b)
If the advertisement is removed or substantially damaged
to the point that it is no longer in a serviceable condition, the school bus
shall be returned to its original color or the advertisement shall be replaced.
(c)
The advertisement shall not extend from the body intentionally
or due to damage so as to allow a handhold or present a danger to pedestrians.
(d)
No brackets or hardware shall be applied to the exterior
of a school bus to hold advertisements.
§14.64. Location.
(a)
The location of an advertisement(s) on the exterior of
a school bus shall be limited to:
(1)
the left rear quarter-panel of the school bus, beginning
at least three inches behind the rear wheel and not closer than four inches
from the lower edge of the window line; and
(2)
above the windows on the right and left sides of
the school bus, near the rear of the vehicle, not to extend forward of the
rear axle.
(b)
Advertisement(s) shall be at least three inches from any
required lettering, lamp, wheel well, reflector, or emergency exit location.
(c)
Advertisement(s) shall not be placed on or interfere with
the operation of any door, window, lamp, reflector, or other device.
(d)
Any reflective tape between the floorline and beltline
of the school bus which is covered by an advertisement should be replaced
above or below the advertisement.
§14.65. Permitted Space.
(a)
The maximum covered area allowed for advertising on the
left rear quarter panel of a school bus shall be contained within a block
30 inches in height and 90 inches in length.
(b)
The maximum covered area allowed for advertising above
the windows on the left and right sides of the school bus shall be contained
within a block 18 inches in height and 108 inches in length, per side.
§14.66. Exemption.
(a)
A school district which has entered into a contract to
advertise on the exterior of their school buses at the time these rules become
effective, will be exempted from required compliance until:
(1)
the expiration date of the contract; or
(2)
one year from the effective date of these rules;
whichever event occurs earlier in time.
(b)
Subsequently, the school district will be required to
fully comply with these rules.
§14.67. Reporting.
(a)
It shall be the responsibility of the school district
to provide to the School Bus Transportation Safety Unit at the Texas Department
of Public Safety written notification of:
(1)
the number of school buses displaying exterior advertising
or another paid announcement operated by or for the school district; and
(2)
any accident directly or indirectly involving a school
bus operated by or for the school district which bears advertising or another
paid announcement on the exterior of the vehicle.
(A)
A school bus directly involved accident is a motor vehicle
accident in which a school bus, with or without a pupil on board, is involved
directly as a contact vehicle.
(B)
A school bus indirectly involved accident is a motor vehicle
accident in which a school bus, with or without a pupil on board, is involved
indirectly as a noncontact vehicle. Some examples of the school bus as a non-contact
vehicle indirectly involved in an accident include:
(i)
a collision accident or non collision accident involving
a motor vehicle passing a school bus stopped and with its red lights flashing;
or
(ii)
a collision accident in which a child approaching or
leaving a school bus, stopped and with its red lights flashing, is struck;
or
(iii)
a collision accident involving a motor vehicle lawfully
stopped for a school bus stopped and with its red lights flashing.
(b)
Notice shall be received by the department each September
reporting the number of school buses bearing advertising or another paid announcement
on the exterior of the vehicle. Only school districts involved in an advertising
program are required to report.
(c)
Notice shall be received by the department not more than
five days from the date of the accident. Notice shall include the following:
(1)
the name and address of the owner of the school bus,
(2)
the name and driver's license number of the school
bus operator,
(3)
the date of the accident,
(4)
the city or county where the accident occurred, and
(5)
the investigating police agency.
(d)
Notice shall be delivered by one of the following methods:
(1)
facsimile;
(2)
electronic mail; or
(3)
mailed to the School Bus Transportation Safety Unit,
Texas Department of Public Safety, Box 4087, Austin, TX 78773-0252.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of the Secretary of State, on
May 19, 1999.
TRD-9902927
Dudley M. Thomas
Director
Texas Department of Public Safety
Earliest possible date of adoption: July 4, 1999
For further information, please call: (512) 424-2135
37 TAC §§17.1-17.6
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Texas Department of Public Safety or in the Texas Register office,
Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas Department of Public Safety proposes the
repeal of §§17.1-17.16, concerning Administrative License Revocation
("ALR"). The department is proposing repeal of these sections due to substantive
amendments being made. This action is being filed simultaneously with a proposal
for new sections concerning ALR. The new sections will set forth procedures
relating to definitions, issuance of notice of suspension, administrative
suspension in an uncontested case, request for hearing and witnesses in a
contested case, enforcement of suspension and reinstatement of license. In
addition, the sections will reflect the changes in statute from Texas Civil
Statutes to Texas Transportation Code and will encompass "zero tolerance"
legislation involving minors.
Tom Haas, Chief of Finance, has determined that for each year of the first
five-year period the repeals are in effect there will be no fiscal implications
for state or local government as a result of enforcing or administering the
repeals.
Mr. Haas also has determined that for each year of the first five-year
period the repeals are in effect the public benefit anticipated as a result
of enforcing the repeals will be compliance with existing statutory requirements.
There will be no effect on small or large businesses. There is no anticipated
economic cost to persons who are required to comply with the repeals as proposed.
Comments on the proposal may be submitted to Mary Ann Courter, Chief of
Legal Services, Texas Department of Public Safety, Box 4087, Austin, Texas
78773-0140, (512) 424-2890.
The repeals are proposed pursuant to Texas Transportation Code,
Chapter 522, Chapter 524, and Chapter 724, which provide the department and
the State Office of Administrative Hearings shall adopt rules to administer
this chapter.
The repeals affect Texas Transportation Code, Chapter 522, Chapter 524,
and Chapter 724.
§17.1. Scope.
§17.2. Definitions.
§17.3. Notice of Suspension.
§17.4. ALR Reports.
§17.5. Intake.
§17.6. Rescission.
§17.7. Administrative Suspension of Driver's License.
§17.8. Hearing Requests.
§17.9. Hearings.
§17.10. Out-Of-State Orders and Judgments.
§17.11. Appeals.
§17.12. Final Order Of Suspension.
§17.13. Effect of Acquittal: Notification to the Department.
§17.14. Enforcement Of Suspensions.
§17.15. Reinstatement.
§17.16. Service on the Department of Certain Items Required to be Served on, Mailed to, or Filed With the Department.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of the Secretary of State, on
May 19, 1999.
TRD-9902941
Dudley M. Thomas
Director
Texas Department of Public Safety
Earliest possible date of adoption: July 4, 1999
For further information, please call: (512) 424-2135
The Texas Department of Public Safety
proposes new §§17.1-17.16, concerning Administrative License Revocation
("ALR"). This action is being filed simultaneously with a proposal for repeal
of existing sections concerning ALR. The new sections promulgate the procedures
relating to issuance of notice of suspensions, administrative suspension in
an uncontested case, request for hearing and witnesses in a contested case,
enforcement of suspension, and reinstatement of license. The new sections
further reflect changes in statute from Texas Civil Statutes to the Texas
Transportation Code and will encompass "zero tolerance" legislation involving
minors.
Tom Haas, Chief of Finance, has determined that for each year of the first
five-year period the sections are in effect there will be no fiscal implications
for state or local government as a result of enforcing or administering the
sections.
Mr. Haas also has determined that for each year of the first five-year
period the sections are in effect the public benefit anticipated as a result
of enforcing the sections will be efficiency in driver improvement and enhanced
public safety on public highways. There will be no effect on small or large
businesses. The anticipated economic cost to individuals who are required
to comply with the sections as proposed will be a reinstatement fee of $100.
Comments on the proposal may be submitted to Mary Ann Courter, Chief of
Legal Services, Texas Department of Public Safety, Box 4087, Austin, Texas
78773-0140, (512) 424-2890.
The new sections are proposed pursuant to Texas Transportation
Code, Chapter 522, Chapter 524, and Chapter 724, which provide the department
and the State Office of Administrative Hearings shall adopt rules to administer
this chapter.
Texas Transportation Code, Chapter 522, Chapter 524, and Chapter 724 are
affected by this proposal.
§17.1. Scope.
The procedures for notice, hearing, and appeal, as well as the procedures
for service of the requests, notifications, copies, certified copies, or tangible/documentary
evidence, as the case may be, which are contained in this title apply to suspensions,
disqualifications, and denials arising under the provisions of Administrative
License Revocation (ALR), including Texas Transportation Code, Chapters 522,
524, and 724.
§17.2. Definitions.
The following words and terms, when used in this chapter, shall have
the following meanings, unless the context clearly indicates otherwise.
(1)
Acquittal - A legal judgment or certification of "not
guilty" of a person charged with a crime, including a judgment following directed
verdict, in a court proceeding at which jeopardy attached.
(2)
Address of record - A person's most recent residence
address as shown by the records of the department in accordance with Texas
Transportation Code, Chapter 521; or an alternate address provided to the
department in accordance with Texas Transportation Code, Chapter 521.
(3)
Administrative License Revocation (ALR) - Refers
to the suspension of a driver's license under Texas Transportation Code, Chapter
524 or Chapter 724, or the disqualification of a person's privilege to drive
a commercial motor vehicle under Texas Transportation Code, Chapter 522.
(4)
Adult - An individual 21 years of age or older.
(5)
Alcohol concentration - Has the meaning contained
in Texas Penal Code, §49.01.
(6)
Alcohol-related or drug-related enforcement contact
- Has the meaning contained in Texas Transportation Code, Chapter 524.
(7)
ALR contact - Refers to refusal to submit a breath
or blood specimen as provided by Texas Transportation Code, Chapter 724, or
refusal to submit a breath, blood or urine specimen as provided by Texas Transportation
Code, Chapter 522; or a breath or blood test failure as provided by Texas
Transportation Code, Chapter 524, or a breath, blood or urine test failure
as provided by Texas Transportation Code, Chapter 522. Also includes the situation
where a specimen test is not requested of a minor, as the presence of alcohol
was detected by other means.
(8)
ALR report - A sworn report of an ALR contact filed
by a peace officer and submitted to the department in accordance with Texas
Transportation Code, Chapter 524, or a written report of an ALR contact submitted
to the department in accordance with Texas Transportation Code, Chapter 724.
Also includes a sworn report submitted by a peace officer in accordance with
Texas Transportation Code, Chapter 522.
(9)
ALR suspension or ALR license suspension - A suspension
under Texas Transportation Code, Chapter 524 or Chapter 724.
(10)
Arresting officer - Refers to a certified Texas
peace officer who arrests a person for an offense under Texas Penal Code,
§49.04, §49.07, or §49.08, or Alcoholic Beverage Code, §106.041,
or any other offense against the laws of the State of Texas.
(11)
Breath alcohol test - Has the meaning assigned in
§19.7 of this title (relating to Explanation of Terms and Actions).
(12)
Breath test operator - Refers to the individual
who takes a specimen of the person's breath to determine alcohol concentration.
(13)
Child - Has the meaning contained in Texas Family
Code, §51.02(2).
(14)
Commercial driver's license - Has the meaning assigned
by Texas Transportation Code, Chapter 522 and Chapter 16 of this title (relating
to Commercial Driver's License).
(15)
Commercial motor vehicle - has the meaning assigned
by Texas Transportation Code, Chapter 522 and Chapter 16 of this title (relating
to Commercial Driver's License).
(16)
Criminal complaint - Refers to any charging instrument,
including, but not limited to, a complaint, an information, an indictment,
or a similar sworn document clearly indicating an intent to proceed with criminal
prosecution.
(17)
Current address - Refers to the address given to
an arresting officer by an arrested driver at the time of arrest, as distinguished
from the "address of record."
(18)
Defendant - Refers to a person who has received
notice of ALR license suspension or disqualification and who has timely requested
a hearing.
(19)
Denial - Refers to the loss of the privilege to
obtain a driver's license or permit.
(20)
Department - Has the meaning assigned in Texas Transportation
Code, Chapter 524.
(21)
Director - Has the meaning assigned in Texas Transportation
Code, Chapter 524.
(22)
Disqualification - Has the meaning assigned in Texas
Transportation Code, Chapter 522.
(23)
Driver - Has the meaning assigned in Texas Transportation
Code, Chapter 521.
(24)
Driver's license - Has the meaning assigned in Texas
Transportation Code, Chapter 521.
(25)
Failure, or breath, blood or urine test failure
- Refers to the analysis of a test specimen of breath or blood which indicates
an alcohol concentration specified in Texas Penal Code, §49.01(2)(B),
or where a test specimen of breath, blood or urine is provided pursuant to
Texas Transportation Code, Chapter 522, and the analysis of the specimen indicates
an alcohol concentration of 0.04 or more. Also includes the analysis of a
test specimen provided by a minor that indicates any detectable amount of
alcohol as specified in Texas Transportation Code, §524.011(a)(2)(B).
(26)
Instrument or breath test instrument - Has the meaning
assigned in §19.7(i) of this title (relating to Explanation of Terms
and Actions).
(27)
License or license to operate a motor vehicle -
Has the meaning assigned in Texas Transportation Code, Chapter 521.
(28)
Maintenance records - Refers to records pertaining
to the inspection, maintenance, repair, and upkeep of the breath test instrument
on which the driver's alcohol concentration was measured. Maintenance records
do not have a regulated format and may be kept in a form as designated by
each technical supervisor.
(29)
Minor - An individual under 21 years of age.
(30)
Nonresident - Has the meaning assigned in Texas
Transportation Code, Chapter 521.
(31)
Peace Officer - Has the meaning assigned in Texas
Penal Code, §1.07(a).
(32)
Peace Officer's sworn report or probable cause affidavit
- A statement in support of a peace officer's belief that a person committed
an offense. This statement shall describe the officer's reasonable suspicion
for making contact with a person and/or the probable cause to arrest or detain
the person. This statement may additionally include any other grounds known
to the officer for believing the person committed the offense. The peace officer's
sworn report or probable cause affidavit is normally submitted on Form DIC-23,
or an approved alternate form.
(33)
Person - Refers to the following: an individual
arrested for a violation of Texas Penal Code, §49.04, §49.07, or
§49.08; a minor arrested or detained for a violation of Texas Alcoholic
Beverage Code, §106.041; or the operator of a commercial motor vehicle
who refused to provide a specimen of breath, blood or urine when requested
to do so by a peace officer, or who provided a specimen with an alcohol concentration
defined in Texas Transportation Code, Chapter 522, whether or not the operator
of the commercial motor vehicle was arrested for a violation of Texas Penal
Code, §49.04, §49.07, or §49.08.
(34)
Public place - Has the meaning assigned in Texas
Transportation Code, Chapter 524.
(35)
Refusal - Refers to a refusal to submit a specimen
under the provisions of Texas Transportation Code, Chapter 522 or Chapter
724.
(36)
Revocation of driver's license - Has the meaning
assigned in Texas Transportation Code, Chapter 521.
(37)
Suspension of driver's license - Has the meaning
assigned in Texas Transportation Code, Chapter 521.
(38)
Technical supervisor or certified breath test technical
supervisor - Refers to the person who is responsible for maintaining and directing
the operation of the breath test instrument used to analyze the specimen of
the person's breath, and who has been certified by the department under the
provisions of §19.5 of this title (relating to Technical Supervisor certification).
(39)
Test record or breath alcohol test record - Means
the record of a breath alcohol test generated by a breath test instrument.
§17.3. Notice of Suspension or Disqualification.
(a)
Notice of an ALR suspension or disqualification. Notice
of an ALR suspension or disqualification may be served either by a peace officer
or by the department.
(b)
Notice given by a peace officer.
(1)
If a person arrested for an offense under Texas Penal
Code, §49.04, §49.07, or §49.08, submits to the taking of a
specimen of breath or blood and an analysis of the specimen shows the person
had an alcohol concentration of a level specified in Texas Penal Code, §49.01(2)(B),
the peace officer shall personally serve notice of driver's license suspension
on the arrested driver.
(2)
If the person is a minor arrested for an offense
under Alcoholic Beverage Code, §106.041, or under Texas Penal Code, §49.04,
§49.07, or §49.08, who either submits to the taking of a specimen
and an analysis of the specimen shows that the minor had an alcohol concentration
of a level specified by Texas Transportation Code, §524.011(a)(2)(B),
or is not requested to submit to the taking of a specimen, the peace officer
shall personally serve notice of driver's license suspension on the minor.
(3)
If a person was operating a commercial motor vehicle
and submits to the taking of a specimen of breath, blood or urine as provided
by Texas Transportation Code, Chapter 522, and an analysis of the specimen
shows an alcohol concentration of 0.04 or more, the peace officer shall personally
serve notice of disqualification on the person.
(4)
Pursuant to paragraphs (1), (2), and (3) of this
subsection, if a specimen is taken and the analysis of the specimen is not
returned to the peace officer before the person is admitted to bail, released
from custody, delivered as provided by Title 3, Family Code, or committed
to jail, the arresting officer shall attempt to serve notice of driver's license
suspension or disqualification by personally delivering the notice to the
person.
(5)
If a person arrested for an offense under Texas Penal
Code, §49.04, §49.07, §49.08, or an offense under Texas Alcoholic
Beverage Code, §106.041, or a person requested to submit a breath, blood
or urine specimen under Texas Transportation Code, Chapter 522, refuses to
give a specimen as designated by the peace officer, the officer shall personally
serve notice of driver's license suspension or disqualification on the person.
(c)
Notice given by the department. In the event that the
arresting officer did not serve notice of suspension or disqualification on
the person following an ALR contact, the department shall send, by certified
mail, notice of suspension or disqualification to the person's address of
record, and to the person's current address given in the ALR report if different.
If the department cannot verify that proper notice of suspension was served
on the person by a peace officer following an ALR contact, the department
may serve notice of suspension or disqualification. Notice is presumed received
on the fifth day after the date it is mailed.
(d)
Notice given by the department to control. In any case
where notice of suspension or disqualification is served by the arresting
officer and notice of suspension or disqualification is also sent by the department,
notice sent by the department shall be controlling.
§17.4. ALR Reports.
Following an ALR contact, the peace officer shall submit an ALR report
to the department on a form approved by the department.
(1)
ALR Reports: breath, blood or urine test refusal. This
section applies to offenses under Texas Penal Code, §49.04, §49.07,
§49.08, Texas Transportation Code, Chapter 522, or Texas Alcoholic Beverage
Code, §106.041. An ALR report based on a breath, blood or urine test
refusal shall contain the following information:
(A)
The identity of the person by full legal name, date of
birth, and driver's license number, if any;
(B)
the peace officer's sworn report or probable cause affidavit
(Form DIC-23 and/or Form DIC-54);
(C)
a copy of the statutory warning delivered to the person
prior to requesting a specimen of breath or blood (Form DIC-24) and/or a copy
of the statutory warning for commercial motor vehicle operators delivered
to the person prior to requesting a specimen of breath, blood or urine (Form
DIC-55);
(D)
the person's current address;
(E)
documentation of the refusal (Form DIC-24 and/or Form
DIC-55), as evidenced by:
(i)
a written refusal to give a specimen, signed by the person;
or
(ii)
a statement signed by the officer stating that the person
refused to give a specimen and also refused to sign the statement requested
by the officer under Texas Transportation Code, §724.031.
(F)
the notice of suspension (Form DIC-25) served and/or the
notice of disqualification (Form DIC-57); and
(G)
any other information required by the department on its
approved form.
(2)
ALR Reports: breath, blood or urine test failures.
This section applies to offenses under Texas Penal Code, §49.04, §49.07,
§49.08, Texas Transportation Code, Chapter 522, or Alcoholic Beverage
Code, §106.041. An ALR report based on a breath, blood or urine test
failure shall be sworn to by the arresting officer (or by the peace officer
requesting the specimen in the case of a commercial motor vehicle operator
who is not arrested) and shall contain the following information:
(A)
The identity of the person by full legal name, date of
birth, and driver's license number, if any;
(B)
the peace officer's sworn report or probable cause affidavit
(Form DIC-23 and/or Form DIC-54);
(C)
a copy of the statutory warning delivered to the person
prior to requesting a specimen of breath or blood (Form DIC-24) and/or a copy
of the statutory warning for commercial motor vehicle operators delivered
to the person prior to requesting a specimen of breath, blood or urine (Form
DIC-55);
(D)
the person's current address;
(E)
a copy of the analysis of the specimen, such as a photocopy
of the breath test result; and
(F)
the notice of suspension (Form DIC-25) served and/or the
notice of disqualification (Form DIC-57); and
(G)
a copy of the criminal complaint, if any, that has been
filed with a magistrate or delivered to a local prosecuting attorney with
jurisdiction over the offense; and
(H)
any other information required by the department on its
approved form.
(3)
ALR Reports: offense under Alcoholic Beverage
Code, §106.041, no specimen requested. An ALR report shall contain the
following information:
(A)
identity of the person by full legal name, date of birth,
and driver's license number, if any;
(B)
the peace officer's sworn report or probable cause affidavit
(Form DIC-23);
(C)
the person's current address;
(D)
the notice of suspension served (Form DIC-25);
(E)
a copy of the criminal complaint, if any, that has been
filed with a magistrate or delivered to a local prosecuting attorney with
jurisdiction over the offense; and
(F)
any other information required by the department on its
approved form.
§17.5. Intake.
(a)
the department may reject any ALR report and decline to
prosecute any ALR suspension or disqualification.
(b)
For purposes of an ALR suspension or disqualification
based on a breath test failure, a valid breath alcohol test record is required.
To be considered valid, the breath test record must meet the following criteria:
(1)
There must be no "invalid" message.
(2)
Results must be clearly printed.
(3)
All air blanks must be 0.000.
(4)
The test record must bear the signature of the breath
test operator.
(c)
No additional report, memo, record, or maintenance record
is required to validate the breath alcohol test.
§17.6. Rescission.
(a)
The department may rescind any ALR suspension or disqualification.
(b)
If for any reason the department declines to prosecute
an ALR suspension or disqualification, or rescinds said action after imposition,
the department shall send notice of rescission to the person at his/her address
of record, and current address, if different.
(c)
A decision by the department to rescind notice of suspension
or disqualification has no binding precedential value and the department may
later prosecute a suspension or disqualification arising out of the same incident.
§17.7. Administrative Suspension or Disqualification of Driver's License.
After notice of suspension and/or disqualification has been properly
served, the department shall impose a suspension or disqualification as provided
by law, unless the person makes a timely hearing request as provided in §17.8
of this title (relating to Hearing Requests).
§17.8. Hearing Requests.
A person who receives notice of suspension or disqualification may
request a hearing as provided.
(1)
A hearing request must either be delivered in writing,
including by facsimile transmission, or be transmitted by telephone, to the
department at its headquarters in Austin at the address or phone number contained
in the notice of suspension or disqualification. Hearing requests delivered
to any other department address or telephone number will not be honored.
(2)
A hearing request must contain sufficient information
to enable the department to identify the defendant and to schedule the hearing,
which information shall include the following: the defendant's full legal
name, date of birth, driver's license number, the date of arrest, the county
of arrest, the name of the law enforcement agency which made the arrest, whether
the defendant allegedly failed or refused the specimen test or was not requested
to submit a specimen, and such additional nonprivileged information as may
be requested by the department.
(3)
A hearing request must be timely. In order to be
considered timely, a hearing request containing all of the information set
forth in paragraph (2) of this section must be received by the department
at its headquarters in Austin at the address or phone number contained in
the notice of suspension not later than 5:00 p.m. on the 15th day after:
(A)
the date notice of suspension or disqualification was
served by a peace officer; or
(B)
the date notice is presumed to have been received, according
to the records of the department.
(4)
A hearing request which fails to include one
or more of the items of information required by paragraph (2) of this section,
or one containing incorrect information, will not be deemed to be timely filed.
Nothing in this section is intended to prevent a person making a hearing request
from supplementing or correcting information contained in a hearing request,
provided that such supplementation or correction is received by the department
before the deadline for filing a hearing request as set out in paragraph (3)
of this section.
(5)
The department shall reject any untimely hearing
request. When a written hearing request is received and rejected, the department
shall mail written notice to the defendant that the hearing request was received
and rejected, and state the reason for rejection. When a telephone hearing
request is received and rejected, the department shall mail a written notice
of the reason for rejection only upon request.
(6)
Upon receipt of a timely hearing request, the department
shall schedule a hearing and mail written confirmation to the defendant.
(7)
A timely hearing request stays the suspension or
disqualification pending a final affirmative decision by the administrative
law judge.
(8)
The department will presume that notice of hearing
date, time, and location was received on the fifth day after the day it was
mailed.
§17.9. Hearings.
ALR hearings shall be held in accordance with Texas Transportation
Code, Chapter 524, and in accordance with 1 Texas Administrative Code, Chapter
159.
§17.10. Out-Of-State Orders and Judgments.
The department shall give full faith and credit to convictions, suspensions,
denials, and disqualifications arising in other states.
§17.11. Appeals.
(a)
Upon receipt of an appeal petition, the department shall
determine whether the defendant is entitled to a 90-day stay of suspension
or disqualification pending appeal, in accordance with Texas Transportation
Code, Chapter 524. For purposes of determining whether an appeal stays a suspension,
the department will consider prior alcohol-related and drug-related enforcement
contacts. For purposes of this subsection, alcohol-related and drug-related
enforcement contacts occurring both prior to and after the effective date
of ALR shall be considered. The date of a prior alcohol-related or drug-related
enforcement contact, not the date of the conduct, shall be controlling.
(b)
If a stay is granted pending appeal, it shall be effective
from the date the petition is filed, not from the date of hearing or decision
of the administrative law judge.
(c)
A remand does not stay the suspension or disqualification.
(d)
To perfect service on the department of a judicial appeal
of a final order in a contested ALR case pursuant to 1 TAC §159.37 (relating
to Appeal of Judge's Decision) and this section, a defendant must send by
certified mail a file-stamped copy of the defendant's appeal petition, certified
by the clerk of the court in which the petition is filed, to the department
at its headquarters in Austin. The certified copy must be addressed and mailed
to Director of Hearings, ALR Program, Box 15327, Austin, Texas 78761-5327.
A suspension will not be stayed until service is perfected according to this
subsection.
(e)
If an affirmative finding by an administrative law judge
is reversed on appeal, the appellant shall notify the department by mailing
a file-stamped copy of the judgment from the appellate court to the department,
addressed to Director of Hearings, ALR Program, Box 15327, Austin, Texas 78761-5327.
Upon verification, the department shall remove references of the ALR suspension
or disqualification from defendant's driving record if warranted.
§17.12. Final Order of Suspension or Disqualification.
If an administrative hearing is not requested, then before the effective
date of suspension or disqualification, the department shall mail a final
order of suspension or disqualification to the person's address of record
and to the person's current address, if different. The order shall state the
length of suspension or disqualification and the procedure for reinstatement.
A final order of suspension or disqualification is not considered notice of
suspension or disqualification for purposes of requesting an administrative
hearing under this section. A final order of suspension or disqualification
is presumed received on the 5th day after the day it is mailed.
§17.13. Effect of Acquittal; Notification to the Department.
(a)
Upon notification that a criminal charge under Texas Penal
Code, §49.04, §49.07, §49.08, or Texas Alcoholic Beverage Code,
§106.041, has resulted in an acquittal, the department shall not impose
a suspension arising out of the same conduct or transaction. If a suspension
has already been imposed, the department shall rescind the suspension and
remove references to the suspension from the computerized driving record of
the defendant.
(b)
To ensure that the department receives notice of acquittal,
the defendant shall send a certified copy of the judgment of acquittal to
the department at the address listed in §17.16(1) of this title (relating
to Service On The Department Of Certain Items Required To Be Served On, Mailed
To, Or Filed With The Department). A defendant should send a written request
which identifies the defendant by name and driver's license number, states
the date and county of arrest, and requests rescission of the suspension.
The department reserves the right to verify the acquittal. Upon verification,
the department shall rescind the suspension and remove references to the suspension
from the defendant's computerized driving record.
(c)
For purposes of this section, the following types of dispositions
of any criminal complaint shall not be regarded as an acquittal:
(1)
a pre-trial order of dismissal where jeopardy has not
attached;
(2)
a reduction of charges;
(3)
a conviction on a lesser included charge;
(4)
a disposition under Texas Penal Code, §12.45;
or
(5)
any discharge or dismissal brought about by a failure
to bring a cause of action to speedy trial within the time required by the
state or federal constitutions.
§17.14. Enforcement of Suspensions or Disqualifications.
(a)
Knowledge of a license suspension or disqualification
is presumed if a peace officer served notice of suspension or disqualification
on the person, or if the department mailed notice of suspension or disqualification
to the person's address of record and to the person's current address given
to the peace officer, if different.
(b)
A Texas driver's license, permit, or privilege to operate
a motor vehicle may be suspended, denied or disqualified under provisions
of ALR. The loss of the privilege to drive in Texas shall apply to unlicensed
drivers and nonresidents, as well as residents. The department shall not issue
a driver's license to any person who is subject to an order of suspension,
denial or disqualification.
(c)
Upon suspension or disqualification of a driver's license,
a Texas licensee must surrender any suspended or disqualified license to the
department. If a person cannot comply, he must submit an affidavit to the
department stating the reason why he cannot produce and surrender the license.
Failure or refusal to surrender a license may result in the department initiating
criminal proceedings against that licensee, as provided by Texas Transportation
Code, Chapter 521. A person may surrender a suspended or disqualified license
by either of the following methods:
(1)
A person may deliver a suspended or disqualified license
to an ALR Hearing Attorney employed by the department, any uniformed officer
of the department, or any department office during regular business hours.
(2)
A person may mail a suspended or disqualified license
to the Texas Department of Public Safety, Driver Improvement and Control,
Box 4040, Austin, Texas 78773-0320.
(d)
Any department employee who receives a suspended or disqualified
license shall send the license to the department's main headquarters in Austin
at the address listed in subsection (c)(2) of this section.
(e)
ALR suspensions shall be enforced as provided by Texas
Transportation Code, Chapter 521.
§17.15. Reinstatement.
A driver's license suspended under Texas Transportation Code, Chapter
524 or Chapter 724, or disqualified under Texas Transportation Code, Chapter
522, may not be reinstated and another driver's license may not be issued
until the suspended/disqualified person files an appropriate application and
pays to the department a reinstatement fee of $100, in addition to any other
fees required by law.
§17.16. Service on the Department of Certain Items Required to be Served on, Mailed to, or Filed With the Department.
(a)
Where authorized, required, or permitted by statute or
rule, a Request for Production and/or any tangible/documentary evidence required
to be served by the defendant on the department must be served on the department
by one of the following methods:
(1)
by first-class mail, or by certified mail where required,
addressed to Director of Hearings, ALR Program, Box 15327, Austin, Texas 78761-5327;
(2)
by telephonic document transfer (fax) to (512) 424-7171,
to the attention of the Director of Hearings, ALR Program;
(3)
by hand delivery, during regular business hours,
directly to the Director of Hearings, ALR Program, Driver License Division,
Department of Public Safety, Main Building, 5805 North Lamar Boulevard, Austin,
Texas 78752-0300.
(4)
by courier receipted delivery through a commercial
overnight express delivery service to the Director of Hearings, ALR Program,
Driver License Division, Department of Public Safety, Main Building, 5805
North Lamar Boulevard, Austin, Texas 78752-0300.
(b)
This section does not authorize or confer any discovery
rights on a person or entity.
(c)
Any request for the appearance of the "breath test operator
and/or breath test technical supervisor" at the ALR hearing, pursuant to Texas
Transportation Code, §524.039(a), when made subsequent to the defendant's
initial request for hearing, must be made by one of the methods set forth
in paragraph (a) of this section and must be received by the department at
least five days prior to the scheduled hearing date.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State, on
May 19, 1999.
TRD-9902942
Dudley M. Thomas
Director
Texas Department of Public Safety
Earliest possible date of adoption: July 4, 1999
For further information, please call: (512) 424-2135
Chapter 143.
Executive Clemency
Subchapter D. Reprieve of Execution
37 TAC §143.43
The Policy Board of the Texas Board of Pardons and Paroles
proposes an amendment to §143.43, concerning the application process
to the Board for a recommendation to the governor of a reprieve from execution.
The amendment is proposed for the purpose of clarifying existing application
procedures, providing the opportunity for the inmate to request an interview
with a member of the Board, and providing a time deadline for supplementation
of the initial application.
Victor Rodriguez, Chair of the Policy Board, has determined that for the
first five-year period the proposed amended rule is in effect, there will
be no fiscal implications for state or local government as a result of enforcing
or administering this section.
Chairman Rodriguez also has determined that for each year of the first
five years the amended rule as proposed is in effect, the public benefit anticipated
as a result of enforcing the section will be to provide the first necessary
step to give the Board the opportunity to review the clemency process. There
will be no effect on small businesses. There is no anticipated economic cost
to persons required to comply with the amended rule as proposed.
Comments should be directed to Laura McElroy, General Counsel, Texas Board
of Pardons and Paroles, P.O. Box 13401, Austin, Texas, 78711. Written comments
from the general public should be received within 30 days of the publication
of this amendment.
The amendment is proposed under the Texas Constitution, Article
IV, Section 11, and the Code of Criminal Procedure, Article 48.01, which provides
the Board with authority to recommend reprieves, commutations of punishments
and pardons to the governor.
There is no cross-reference to the proposed amended rule.
§143.43.Procedure in Capital Reprieve Cases.
(a)
The written application in behalf of a convicted person
seeking a board recommendation to the governor of a reprieve from execution
must be delivered to the Texas Board of Pardons and Paroles, Clemency Section,
Austin, Texas, not later than the twenty-first calendar day before the execution
is scheduled.
If the twenty-first calendar day before the execution is
scheduled falls on a weekend or state observed holiday, the application shall
be delivered not later than the next business day.
Otherwise, the applicant's
recourse will be directly to the governor.
(b)
All supplemental information, including
but not limited to amendments, addenda, supplements, or exhibits, must be
submitted in writing and delivered to the Texas Board of Pardons and Paroles,
Clemency Section, Austin, Texas, not later than the fifteenth calendar day
before the execution is scheduled. If the fifteenth calendar day before the
execution is scheduled falls on a weekend or state observed holiday, all additional
information including but not limited to amendments, addenda, supplements,
or exhibits shall be delivered not later than the next business day.
(c)
Any information filed with the application,
including but not limited to amendments, addenda, supplements, or exhibits,
which require reproduction facilities, equipment, or technology not operated
by the board, must be provided by the applicant in an amount sufficient to
allow review by all members of the board. An amount sufficient shall mean
not less than 10 and not more than 20 copies of the duplicate item.
(d)
A convicted person seeking a board recommendation
to the governor of a reprieve from execution may request an interview with
a member of the board. Such request shall be included in the written application
or any supplement filed therewith in accordance with this section.
(e)
Upon receipt of a request for an interview,
the presiding officer (chair) shall designate at least one member of the board
to conduct the requested interview. Such interview shall occur at the confining
unit of TDCJ. Attendance at such interviews shall be limited to the convicted
person, the designated board member(s), Board of Pardons and Paroles staff,
and TDCJ staff. The board may consider statements by the inmate made at such
interviews when considering the inmate's application for reprieve.
(f)
[
(1)
recommend to the governor a reprieve from execution;
(2)
not recommend a reprieve from execution; or
(3)
set the matter for a hearing as soon as practicable
and at a location convenient to the board and the parties to appear before
it.
(g)
[
(h)
[
(i)
[
(j)
[
(1)
recommend to the governor a reprieve from execution;
(2)
not recommend a reprieve from execution; or
(3)
recess the proceedings without rendering a decision
on the merits, if a reprieve has been granted by the governor or if a court
of competent jurisdiction has granted a stay of execution.
(k)
[
(l)
[
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State, on
May 24, 1999.
TRD-9903001
Laura McElroy
General Counsel
Texas Board of Pardons and Paroles
Earliest possible date of adoption: July 4, 1999
For further information, please call: (512) 463-1883
37 TAC §143.57
The Policy Board of the Texas Board of Pardons and Paroles
proposes an amendment to §143.57, concerning the application process
to the Board for a recommendation to the governor of a commutation of death
sentence to a lesser penalty. The amendment is proposed for the purpose of
clarifying existing application procedures, providing the opportunity for
the inmate to request an interview with a member of the Board, and providing
a time deadline for supplementation of the initial application.
Victor Rodriguez, Chair of the Policy Board, has determined that for the
first five-year period the proposed amended rule is in effect, there will
be no fiscal implications for state or local government as a result of enforcing
or administering this section.
Chairman Rodriguez also has determined that for each year of the first
five years the amended rule as proposed is in effect, the public benefit anticipated
as a result of enforcing the section will be to provide the first necessary
step in order to give the Board the opportunity to review the clemency process.
There will be no effect on small businesses. There is no anticipated economic
cost to persons required to comply with the amended rule as proposed.
Comments should be directed to Laura McElroy, General Counsel, Texas Board
of Pardons and Paroles, P.O. Box 13401, Austin, Texas, 78711. Written comments
from the general public should be received within 30 days of the publication
of this amendment.
The amendment is proposed under the Texas Constitution, Article
IV, Section 11, and the Code of Criminal Procedure, Article 48.01, which provide
the Board with authority to recommend reprieves, commutations of punishments
and pardons to the governor.
There is no cross-reference to the proposed amended rule.
§143.57.Commutation of Death Sentence to Lesser Penalty.
(a)
The board will consider recommending to the
governor a commutation of death sentence to a sentence of life imprisonment
or the appropriate maximum penalty that can be imposed upon receipt of:
(1)
a request from the majority of the trial officials of the
court of conviction; or
(2)
a written request of the convicted person or representative
setting forth all grounds upon which the application is based, stating the
full name of the convicted person, the county of conviction, and the execution
date.
(b)
[
(c)
All supplemental information not filed
with the application, including but not limited to amendments, addenda, supplements,
or exhibits, must be submitted in writing and delivered to the Texas Board
of Pardons and Paroles, Clemency Section, Austin, Texas, not later than the
fifteenth calendar day before the execution is scheduled. If the fifteenth
calendar day before the execution is scheduled falls on a weekend or state
observed holiday, all additional information including but not limited to
amendments, addenda, supplements, or exhibits shall be delivered not later
than the next business day.
(d)
Any information filed with the application,
including but not limited to amendments, addenda, supplements, or exhibits,
which require reproduction facilities, equipment, or technology not operated
by the board must be provided by the applicant in an amount sufficient to
allow review by all members of the board. An amount sufficient shall mean
not less than 10 and not more than 20 copies of the duplicate item.
(e)
A convicted person seeking a board recommendation
to the governor of commutation of the death sentence to a lesser penalty may
request an interview with a member of the board. Such request shall be included
in the written application or any supplement filed therewith in accordance
with this section.
(f)
Upon receipt of a request for an interview,
the presiding officer (chair) shall designate at least one member of the board
to conduct the requested interview. Such interview shall occur at the confining
unit of TDCJ. Attendance at such interviews shall be limited to the convicted
person, the designated board member(s), Board of Pardons and Paroles staff,
and TDCJ staff. The board may consider statements by the inmate made at such
interviews when considering the inmate's application for commutation of the
death sentence to a lesser penalty.
(g)
[
(1)
[
(2)
[
(3)
[
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of the Secretary of State, on
May 24, 1999.
TRD-9903002
Laura McElroy
General Counsel
Texas Board of Pardons and Paroles
Earliest possible date of adoption: July 4, 1999
For further information, please call: (512) 463-1883
Subchapter A. Parole Process
37 TAC §145.12
The Policy Board of the Texas Board of Pardons and Paroles
proposes an amendment to 37 TAC §145.12, concerning action upon Board
review. The amendment is proposed for the purpose of providing that, in order
to require aftercare treatment for those inmates released to mandatory supervision,
a special condition must be imposed.
Victor Rodriguez, Chair of the Policy Board, has determined that for the
first five-year period the proposed amended rule is in effect, there will
be no fiscal implications for state or local government as a result of enforcing
or administering this section.
Chairman Rodriguez also has determined that for each year of the first
five years the amended rule as proposed is in effect, the public benefit anticipated
as a result of enforcing the section will be a clarification of the rules
regarding the requirement of participation in aftercare programs following
completion of a TDCJ treatment program. There will be no effect on small businesses.
There is no anticipated economic cost to persons required to comply with the
amended rule as proposed.
Comments should be directed to Laura McElroy, General Counsel, Texas Board
of Pardons and Paroles, P.O. Box 13401, Austin, Texas, 78711. Written comments
from the general public should be received within 30 days of the publication
of this amendment.
The amendment is proposed under the Code of Criminal Procedure,
Article 42.18, §8(g), and §508.044(d)(1), Government Code, which
provide the Policy Board with the authority to adopt rules with respect to
the release of inmates on parole and mandatory supervision; and §508.045,
Government Code, which provides parole panels with the authority to release
inmates eligible for parole.
There is no cross-reference to the proposed amended rule.
§145.12.Action upon Review.
A case reviewed by a parole panel for parole consideration may be:
(1)-(4)
(No change.)
(5)
any person released to parole [
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of the Secretary of State, on
May 24, 1999.
TRD-9902999
Laura McElroy
General Counsel
Texas Board of Pardons and Paroles
Earliest possible date of adoption: July 4, 1999
For further information, please call: (512) 463-1883
37 TAC §145.22
The Policy Board of the Texas Board of Pardons and Paroles
proposes an amendment to 37 TAC §145.22, concerning the conditions and
rules of parole. The amendment is proposed for the purpose of clarifying that
the Board shall not make the approval of release to parole or mandatory supervision
contingent on the adoption of an out-of-state plan only.
Victor Rodriguez, Chair of the Policy Board, has determined that for the
first five-year period the proposed amended rule is in effect, there will
be no fiscal implications for state or local government as a result of enforcing
or administering this section.
Chairman Rodriguez also has determined that for each year of the first
five years the amended rule as proposed is in effect, the public benefit anticipated
as a result of enforcing the section will be that the Board will be increased
efficiency in the procedures utilized by the Board in making release decisions.
There will be no effect on small businesses. There is no anticipated economic
cost to persons required to comply with the amended rule as proposed.
Comments should be directed to Laura McElroy, General Counsel, Texas Board
of Pardons and Paroles, P.O. Box 13401, Austin, Texas, 78711. Written comments
from the general public should be received within 30 days of the publication
of this amendment.
The amendment is proposed under the Code of Criminal Procedure,
Article 42.18, §8(g), and §508.044(d)(1), Government Code, which
provide the Policy Board with the authority to adopt rules with respect to
the release of inmates on parole and mandatory supervision; and §508.045,
Government Code, which provides parole panels with the authority to release
inmates eligible for parole.
There is no cross-reference to the proposed amended rule.
§145.22.Conditions and Rules of Parole.
(a)
Every inmate approved for
release on
parole shall be issued a written statement listing the conditions and rules
of parole in clear and intelligible language. The conditions and rules of
parole must be agreed to and accepted by the inmate prior to release. The
inmate
[
(b)
Continuance on parole
or mandatory supervision
is conditioned upon full compliance with all the conditions and rules
of parole
or mandatory supervision
as imposed by the parole panel.
(c)
The parole panel shall not impose as a
condition for release on parole or mandatory supervision that the inmate be
released only to a state other than the State of Texas.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State, on
May 24, 1999.
TRD-9903000
Laura McElroy
General Counsel
Texas Board of Pardons and Paroles
Earliest possible date of adoption: July 4, 1999
For further information, please call: (512) 463-1883
Chapter 152.
Institutional Division
Subchapter D. Other Rules
37 TAC §152.53
The Texas Department of Criminal Justice proposes new §152.53
concerning death row visitations. The new section sets specific guidelines
for visitation of death sentenced offenders.
David P. McNutt, Director of Financial Services for the Texas Department
of Criminal Justice has determined that there will be no fiscal implications
for state or local government as a result of enforcing or administering the
new section as proposed.
Mr. McNutt also has determined that the public benefit anticipated as a
result of enforcing the new section as proposed will be a better understanding
of the
TDCJ Visitation Plan
and the Code of
Criminal Procedure, Article 43.17. There will be no effect on small businesses.
There is no anticipated economic cost to individuals required to comply with
the section as proposed
Comments should be directed to Carl Reynolds, General Counsel, Texas Department
of Criminal Justice, P.O. Box 13084, Austin, Texas 78711. Written comments
from the general public should be received within 30 days of the publication
of this proposal.
The new section is proposed under Government Code, §492.013,
which grants general rulemaking authority; and Article 43.17, Code of Criminal
Procedure.
Cross-reference to statute: Article 43.17, Code of Criminal Procedure.
§152.53.Death Row Visitation.
(a)
Policy. Pursuant to Article 43.17, Code of Criminal Procedure,
an offender sentenced to death shall be confined until the time for execution
arrives and while confined, all persons outside of the TDCJ shall be denied
access to the offender, except his or her physician, lawyer, and clergyperson,
who shall be admitted when necessary for the offender's health or for the
transaction of business, as well as the relatives and friends of the offender
in accordance with this section and the
TDCJ Visitation
Plan
. Pursuant to the 1st Amendment, U.S. Constitution, news media
shall have reasonable access to death sentenced offenders to the extent that
such access does not disrupt the safe and secure operation of the unit or
detract from the deterrence of crime.
(b)
Definitions
(1)
"News media" means news publications, accredited news services
such as the Associated Press, licensed radio and television broadcast stations
or networks, and government franchised community cable television systems
that originate scheduled news programming. "News media" does not include broadcast
programs syndicated by independent producers, or television stations or networks
devoted primarily to advocacy purposes or to a particular point of view.
(2)
"News publication" means a publication that possesses
a second class mailing permit and:
(A)
is published at least weekly and contains at least 25 percent
news of general interest; or
(B)
is a magazine with a circulation of at least 25,000 that
is published at least monthly and contains news and feature articles appealing
to a broad spectrum of interests.
(c)
News media access
(1)
News media interviews of death sentenced offenders shall
be scheduled by the Huntsville Public Information Office and shall be conducted
weekly at the death row units at times specified by agency policy.
(2)
A news media entity requesting an interview with a
death sentenced offender should submit appropriate information, as specified
by agency policy, to the Huntsville Public Information Office prior to the
interview date. News media requests shall not be accepted at the offender's
unit of assignment. The number of offenders requested to be interviewed should
be kept within reason.
(d)
Visits by relatives and friends
(1)
Offenders sentenced to death shall be allowed one general
(non-contact) visit per week for a two hour period.
(2)
Visiting hours for death sentenced offenders are Monday
through Friday, 8:00 a.m. to 5:00 p.m., and Saturdays between 5:30 p.m. and
9:30 p.m., except on State-approved holidays.
(e)
Attorney visitation. Attorney visitation shall take place
in accordance with the
TDCJ Uniform Offender Access
to Courts, Counsel and Public Officials Rules
. These rules shall be
implemented liberally in accordance with the extraordinary features of death
row litigation.
(f)
Physician access. Offenders sentenced to death shall be
provided medical care pursuant to agency policy. This rule and Article 43.17,
Code of Criminal Procedure, are not interpreted to allow for a physician chosen
by the offender sentenced to death.
(g)
Clergy access. Offenders sentenced to death shall be provided
access to clergy pursuant to agency policy.
(h)
General Provisions and Exceptions.
(1)
All visitors must abide by the
TDCJ Offender Rules and Regulations for Visitation
.
(2)
Special security procedures (e.g., security cages)
may be utilized during the visitation periods to ensure the safety and security
of offenders, visitors, and staff, and the security of the institution.
(3)
All death row visitation and access may be suspended
for security reasons as determined by the Executive Director or his designee
for a period of up to 70 days, and subject to Board ratification at the next
regularly scheduled Board meeting.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of the Secretary of State on May
24, 1999.
TRD-9903006
Carl Reynolds
General Counsel
Texas Department of Criminal Justice
Earliest possible date of adoption: July 4, 1999
For further information, please call: (512) 463-9693
Chapter 423.
Fire Suppression
Subchapter A. Minimum Standards for Structure Fire Protection Personnel Certification
37 TAC §423.3
The Texas Commission on Fire Protection proposes amendments
to §423.3, concerning minimum standards for basic structure fire protection
personnel certification. The amendments to §423.3 change the reference
from "examination" (singular) to "examinations" (plural) to allow for testing
of Firefighter I and II separately, and change the phases from four phases
to five phases. Firefighter I includes phases one through four and Firefighter
II includes phase five.
Anthony C. Calagna, Fire Fighter Advisory Committee Chairman, has determined
that for the first five year period the amended sections are in effect there
will be no fiscal impact for state or local governments.
Mr. Calagna also has determined that for each of the first five years the
proposed amendments are in effect the public benefit anticipated as a result
of enforcing the amended sections will be that training and certification
of volunteer fire protection personnel will be encouraged by segmenting the
basic fire suppression curriculum into Firefighter I and Firefighter II.
There are no additional costs of compliance for small or large businesses
or individuals required to comply with the amendments. The commission has
determined that the proposed amendments relating to certified training facilities
will have no impact on private real property interests and no takings impact
assessment is required pursuant to the Government Code, §2007.043(b)
and §2.18 of the Attorney General's Private Real Property Rights Preservation
Act Guidelines. There is no local employment impact resulting from the changes.
Comments on the proposal may be submitted to: Gary L. Warren Sr., Executive
Director, Texas Commission on Fire Protection, P.O. Box 2286, Austin, Texas
78768-2286 or e-mail to info@tcfp.state.tx.us.
The amendment is proposed under Texas Government Code, §419.008,
which provides the Texas Commission on Fire Protection with authority to propose
rules for the administration of its powers and duties; Texas Government Code,
§419.022, which provides the commission with authority to establish minimum
training standards for fire protection personnel positions; and Texas Government
Code, §419.032, which provides the commission with authority to establish
standards for employment as fire protection personnel.
Texas Government Code, §419.022 is affected by the proposed amendments.
§423.3.Minimum Standards for Basic Structure Fire Protection Personnel Certification.
(a)
In order to become certified as basic structure fire protection
personnel, an individual must:
(1)
complete a commission approved basic structure fire suppression
program and successfully pass the commission
examination(s)
[
(A)
completion of a commission approved Basic Fire Suppression
Curriculum as specified in Chapter 1 of the commission's document titled "Commission
Certification Curriculum Manual," as approved by the commission in accordance
with Chapter 443 of this title (relating to Certification Curriculum Manual);
or
(B)
completion of the
five
[
(C)-(E)
(No change.)
(2)
(No change.)
(b)-(f)
(No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State, on
May 24, 1999.
TRD-9903008
T.R. Thompson
General Counsel
Texas Commission on Fire Protection
Earliest possible date of adoption: July 4, 1999
For further information, please call: (512) 918-7189
37 TAC §§427.1, 427.3, 427.5, 427.15
The Texas Commission on Fire Protection proposes amendments
to §§427.1, 427.3, 427.5, and 427.15, concerning Certified Training
Facilities. The amendments incorporate changes necessary to implement the
new voluntary certification for driver/operator-pumper.
Mr. Anthony C. Calagna, Fire Fighter Advisory Committee Chairman, has determined
that for the first five year period the amended sections are in effect there
will be fiscal implications. Local governments that operate training academies
that seek certification or approval to provide basic training required for
driver/operator-pumper certification may be required to purchase new fire
apparatus required to teach the new curriculum at a cost of up to $120,000.
Mr. Calagna also has determined that for each of the first five years the
proposed amendments are in effect the public benefit anticipated as a result
of enforcing the amended sections will be standardization of training for
driver/operator-pumper resulting in safer and better trained fire apparatus
drivers. There are no additional costs of compliance for small or large businesses
or individuals required to comply with the amendments. The commission has
determined that the proposed amendments relating to certified training facilities
will have no impact on private real property interests and no takings impact
assessment is required pursuant to the Government Code, §2007.043(b)
and §2.18 of the Attorney General's Private Real Property Rights Preservation
Act Guidelines.
There is no local employment impact resulting from the changes.
Comments on the proposal may be submitted to: Gary L. Warren Sr., Executive
Director, Texas Commission on Fire Protection, P.O. Box 2286, Austin, Texas,
78768-2286 or e-mail to info@tcfp.state.tx.us.
The amendments are proposed under Texas Government Code, §419.008,
which provides the Texas Commission on Fire Protection with authority to propose
rules for the administration of its powers and duties; and Texas Government
Code, §419.028, which provides the commission with authority to certify
facilities operated for training fire protection personnel or recruits.
Texas Government Code, §419.028 is affected by the proposed amendments.
§427.1.Minimum Standards for Certified Training Facilities for Fire Protection Personnel.
(a)
A training facility that provides basic instruction, for
certification, to fire protection personnel in any of the following disciplines
must be certified by the Texas Commission on Fire Protection:
(1)-(5)
(No change.)
(6)
hazardous materials technician
;
[
(7)
driver/operator-pumper.
(b)-(h)
(No change.)
§427.3.Facilities.
The following minimum resources, applicable to the curricula, are required
for certification as a certified training facility. These facilities may be
combined or separated utilizing one or more structures. In either event the
facilities must be available and used by the instructor and trainees.
(1)-(6)
(No change.)
(7)
If performance
or driving
skills are part
of the curriculum, suitable area(s) for practicing required skills, demonstration
of skills, and performance testing must be available.
§427.5.Apparatus.
(a)-(b)
(No change.)
(c)
Certified training facility--approved
for Driver/Operator-Pumper. A piece of fire apparatus with a permanently mounted
fire pump that has a rated discharge capacity of 750 gpm (2850 L/min) or greater
as defined in NFPA 1901, Standard for Automotive Fire Apparatus.
§427.15.Testing Procedures.
(a)-(c)
(No change.)
(d)
Written tests shall be designed to encompass the contents
of the subjects being taught and phrased in a manner which can be readily
understood by a trainee whose comprehension is at a level consistent with
the academic level of the material being presented.
(1)
Periodic written tests serve the dual purpose of permitting
the instructor to evaluate the effectiveness of the instruction and the comprehension
of the trainees. The instructor must determine that each trainee understands
and comprehends the subject matter being presented. Trainees must maintain
a grade average of not less than 70% for all periodic tests administered during
the course.
(A)-(C)
(No change.)
(D)
A minimum of one periodic written test
shall be administered during the course for certification of driver operator-pumper
covering the subjects listed in the applicable curriculum.
(2)-(3)
(No change.)
(e)
(No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State, on
May 19, 1999.
TRD-9902914
T.R. Thompson
General Counsel
Texas Commission on Fire Protection
Earliest possible date of adoption: July 4, 1999
For further information, please call: (512) 918-7189
37 TAC §§433.1, 433.3, 433.5
The Texas Commission on Fire Protection proposes new Chapter
433, §§433.1, 433.3, 433.5, concerning Minimum Standards for Driver/Operator-Pumper.
The new chapter creates a voluntary certification for individuals with specialized
training which meets the competencies and objectives outlined in National
Fire Protection Association Standard 1002.
Mr. Anthony C. Calagna, Fire Fighter Advisory Committee Chairman, has determined
that for the first five year period the new chapter is in effect there will
be fiscal implications. The agency will have an increase in revenue of $20.00
per person in certification fees and $15.00 per person in testing fees. However,
this increase in revenue will be offset by the cost of administering the test.
Local governments who choose to pay certification, training and testing fees
for employed individuals will incur costs of $20.00 per person for certification
and $15.00 per person for testing and approximately $300.00 per person for
training. In addition, local governments that operate training academies that
seek certification or approval to provide basic training required for driver/operator-pumper
certification may be required to purchase new fire apparatus required to teach
the new curriculum at a cost of up to $120,000.
Mr. Calagna also has determined that for each of the first five years the
proposed new chapter is in effect the public benefit anticipated as a result
of enforcing the new chapter will be standardization of training for driver/operator-pumper
resulting in safer and better trained fire apparatus drivers. There are no
additional costs of compliance for small or large businesses required to comply
with the new chapter. Individuals whose employers who do not elect to pay
for this voluntary certification will incur costs of $20.00 for certification
and $15.00 for testing and approximately $300.00 for training. The commission
has determined that the proposed new chapter relating to minimum standards
relating to driver/operator - pumper will have no impact on private real property
interests and no takings impact assessment is required pursuant to the Government
Code, §2007.043(b) and §2.18 of the Attorney General's Private Real
Property Rights Preservation Act Guidelines.
There is no local employment impact resulting from the changes.
Comments on the proposal may be submitted to: Gary L. Warren Sr., Executive
Director, Texas Commission on Fire Protection, P.O. Box 2286, Austin, Texas,
78768-2286 or e-mail to info@tcfp.state.tx.us.
The new chapter is proposed under Texas Government Code, §419.008,
which provides the Texas Commission on Fire Protection with authority to propose
rules for the administration of its powers and duties; and Texas Government
Code, §419.022, which provides the commission with authority to establish
minimum educational and training standards for specialized fire protection
personnel positions.
Texas Government Code, §419.022 is affected by the proposed new chapter.
§433.1.Driver/Operator-Pumper Certification.
(a)
The effective date of this section shall be November 1,
1999.
(b)
A driver/operator-pumper is defined as an individual who
safely operates a fire pumper in accordance with all state and local laws;
operates a fire pump in a safe manner; and determines effective fire stream
calculations and pump discharge pressures. Responsibilities include routine
apparatus tests, maintenance, inspections, and servicing functions.
(c)
Within one year of the effective date of this section,
an individual may apply for certification as a Driver/Operator-Pumper and
is eligible to take the commission examination for driver/operator-pumper,
upon documentation to the Commission that the individual has completed the
minimum requirements of the National Fire Protection Association Standard
1002 (1998 edition, or earlier).
§433.3.Minimum Standards for Driver/Operator-Pumper Certification.
(a)
The effective date of this section shall be November 1,
1999. Training programs that are intended to satisfy the requirements of this
section, started on or after the effective date of this section, must meet
the curriculum, competencies, and hour requirements of this section. All applicants
for certification must meet the examination requirements of this section.
(b)
In order to obtain Driver/Operator-Pumper certification
the individual must:
(1)
hold certification as Structural Fire Protection Personnel,
Aircraft Rescue Fire Fighting Personnel, or Marine Fire Protection Personnel;
(2)
complete a commission approved Driver/Operator-Pumper
Curriculum and successfully pass the commission examination as specified in
Chapter 439 of this title (relating to Examinations for Certification). An
approved driver/operator - pumper program must consist of one of the following:
(A)
complete a commission approved Driver/Operator-Pumper Curriculum
of at least 40 hours as specified in Chapter 7 of the Commission's document
titled "Commission Certification Curriculum Manual," as approved by the Commission
in accordance with Chapter 443 of this title (relating to Certification Curriculum
Manual).
(B)
complete an out-of-state training program that has been
submitted to the commission for evaluation and found to be equivalent to or
exceed the commission approved Driver/Operator-Pumper Curriculum.
(C)
complete a military training program that has been submitted
to the commission for evaluation and found to be equivalent to or exceeds
the commission approved Driver/Operator-Pumper Curriculum.
(c)
Out-of-state or military training programs which are submitted
to the commission for the purpose of determining equivalency will be considered
equivalent if all competencies set forth in Chapter 7 (pertaining to Driver/Operator-Pumper)
of the "Commission Certification Curriculum Manual" are met.
(d)
The commission approved Driver/Operator-Pumper Curriculum
must be conducted by a training facility that has been certified by the commission
as provided in Chapter 427 of this title (relating to Certified Training
Facilities).
(e)
An individual from another jurisdiction who possesses valid
documentation of accreditation from the International Fire Service Accreditation
Congress as Driver/Operator-Pumper shall be eligible to take the commission
written examination for driver/operator-pumper.
(f)
No individual will be permitted to take the commission
examination for driver/operator-pumper unless the individual meets the requirements
of subsection (b)(1) of this section.
§433.5.Examination Requirements.
(a)
The written examination requirements of Chapter 439 of
this title (relating to Examinations for Certification) must be met in order
to receive driver/operator-pumper certification.
(b)
Performance skills must meet the requirements in §439.11
of this title (relating to Performance Skill Evaluation) with the following
exceptions:
(1)
All performance skills listed in the curriculum must be
tested for competency during the course.
(2)
The number of opportunities to successfully complete
particular performance skill objectives evaluated during a Driver/Operator-Pumper
academy is at the discretion of the training officer or coordinator. Retests
must be conducted prior to the completion of the course.
(3)
All skills must be demonstrated before a commission
approved field examiner.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of the Secretary of State, on
May 19, 1999.
TRD-9902915
T.R. Thompson
General Counsel
Texas Commission on Fire Protection
Earliest possible date of adoption: July 4, 1999
For further information, please call: (512) 918-7189
37 TAC §§39.3, 439.5, 439.7, 439.11, 439.13, 439.15
The Texas Commission on Fire Protection proposes amendments
to §§439.3, 439.5, 439.7, 439.11, 439.13, and 439.15, concerning
examinations for certification. The amendments provide for testing of training
for Firefighter I and II separately or combined, and make technical changes
to correct cross references and clarify testing requirements.
Anthony C. Calagna, Fire Fighter Advisory Committee Chairman, has determined
that for the first five year period the amended sections are in effect there
will be fiscal implications. If the basic fire suppression curriculum is segmented
into Firefighter I and Firefighter II by the academy and tested separately
there will be an increase in cost to local governments of $15 per person for
testing fees and approximately $500 in cost for instructors for additional
skills testing. The agency will experience an increase in revenue of $15 per
person for testing fees which will be offset by expenses for administration
of the examinations.
Mr. Calagna also has determined that for each of the first five years the
proposed amendments are in effect the public benefit anticipated as a result
of enforcing the amended sections will be that training and certification
of volunteer fire protection personnel will be encouraged by segmenting the
basic fire suppression curriculum into Firefighter I and Firefighter II.
There are no additional costs of compliance for small or large businesses
or individuals required to comply with the amendments. The commission has
determined that the proposed amendments relating to examinations for certification
will have no impact on private real property interests and no takings impact
assessment is required pursuant to the Government Code, §2007.043(b)
and §2.18 of the Attorney General's Private Real Property Rights Preservation
Act Guidelines. There is no local employment impact resulting from the changes.
Comments on the proposal may be submitted to: Gary L. Warren Sr., Executive
Director, Texas Commission on Fire Protection, P.O. Box 2286, Austin, Texas
78768-2286 or e-mail to info@tcfp.state.tx.us.
The amendment is proposed under Texas Government Code, §419.008,
which provides the Texas Commission on Fire Protection with authority to propose
rules for the administration of its powers and duties; and Texas Government
Code, §419.032, concerning basic certification examinations.
Texas Government Code, §419.032 is affected by the proposed amendments.
§439.3. Definitions.
The following words and terms used in this chapter[
(1)
Certificate of Completion - A signed statement certifying
that an individual has successfully completed a commission approved basic
certification curriculum
or phase program
for a particular discipline,
including having been evaluated by field examiners on performance skills identified
by the commission. The Certificate of Completion will be on a form provided
by the commission and is to be completed and signed by the provider of training
and issued to the individual upon successful completion of the training. The
certificate of completion must, as a minimum, identify the provider of training,
the course I.D. number, the course approval number, hours of instruction,
date issued, curriculum name, training officer or course coordinator, and
the name of the person completing the course. The certificate of completion
qualifies an individual to take an original certification examination.
(2)-(9)
(No change.)
§439.5. Procedures.
(a)-(d)
(No change.)
(e)
[
(f)
(No change.)
(g)
Commission examinations, or retests, for less than eight
examinees must be conducted in accordance with this section, provided that
entity providing the training agrees to pay an examination fee equal to
the
amount that would be charged for eight examinees.
(h)-(s)
(No change.)
(t)
The Basic Fire Suppression examination includes 150 active
questions with an option of adding up to 20 pilot questions. The time allowed
for the completion of the written examination will not exceed three hours.
(1)
Basic Fire Suppression Fire Fighter I
examination includes 100 active questions with an option of adding up to 10
pilot questions. The time allowed for the completion of the written examination
will not exceed two (2) hours.
(2)
The Basic Fire Suppression Fire Fighter
II examination includes 50 active questions with an option of adding up to
10 pilot questions. The time allowed for the completion of the written examination
will not exceed one hour.
(3)
The Basic Fire Suppression Fire Fighter
I and II combined examination includes 150 active questions with an option
of adding up to 20 pilot questions. The time allowed for the completion of
the written examination will not exceed three hours.
(u)
An individual who has documented completion
of commission approved Fire Fighter II training will be allowed to take the
Basic Fire Suppression Fire Fighter II examination, if it has been less than
four years since the individual has passed the commission's Basic Fire Suppression
Fire Fighter I written and performance evaluation.
§439.7. Eligibility.
(a)
(No change.)
(b)
In order to qualify for a commission examination, the examinee
must:
(1)
meet or exceed the minimum requirements set by the commission
as a prerequisite for the specified examination;
(2)
provide the staff examiner with a copy of a Certificate
of Completion for the course required for the specific examination sought
or an endorsement of eligibility issued by the commission;
(3)
bring to the test site and display upon request some
form of
identification which contains
the name and
a photograph
of the examinee;
(4)-(5)
(No change.)
(c)
(No change.)
§439.11. Performance Skill Evaluation.
(a)
State performance skill evaluation. If a performance skill
test is
[
(b)
Evaluation procedures. The state performance skill evaluation
must consist of at least three successfully completed performance skill objectives
evaluated by staff examiners or by field examiners under the supervision of
a staff examiner after completion of an approved curriculum.
(1)
The
state
performance skill [
(2)
Each student's performance evaluation form for each
skill must be signed by the examiner performing the evaluation.
(3)
An examinee who fails a
state
performance
skill evaluation may be allowed a retest at a time and place to be determined
by the staff examiner. If the candidate fails the retest, remedial training
conducted by a certified instructor who is approved to teach in that specific
subject area is required for a second retest. Remedial training must be of
no less duration than the recommended curriculum instructional hours for the
section in which the failed skill(s) is reflected. An examinee being retested
on a performance skill must be retested on any skill, randomly selected by
the staff examiner, from the same subject area as the performance skill objective
that was failed.
(4)
If the examinee fails the final retest as part of
a state performance skill evaluation, the examinee must requalify by repeating
the entire curriculum applicable to the examination.
(c)
Original certification examination.
In accordance
with §439.5(e)
[
(d)
Testing for certification status. If performance skill
objectives are part of a commission examination as provided in
§439.15
[
(e)
Proficiency examination. If performance skill objectives
are part of a commission examination as provided in
§439.13
[
§439.13.Testing for Proof of Proficiency.
(a)
An individual whose
certificate
[
(b)
The individual may obtain a new certificate [
(c)-(d)
(No change.)
§439.15.Testing for Certification Status.
(a)
If an individual who has never held certification in a
discipline defined in §421.5, (relating to the
definitions
[
(1)-(3)
(No change.)
(b)
(No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State, on
May 24, 1999.
TRD-9903009
T.R. Thompson
General Counsel
Texas Commission on Fire Protection
Earliest possible date of adoption: July 4, 1999
For further information, please call: (512) 918-7189
37 TAC §449.1
(Editor's note: The text of the following section proposed for
repeal will not be published. The section may be examined in the offices of
the Texas Commission on Fire Protection or in the Texas Register office, Room
245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas Commission on Fire Protection proposes
the repeal of §449.1, concerning head of a fire department. The repealed
section is being replaced by new sections dealing with the same subject matter.
Mr. Anthony C. Calagna, Fire Fighter Advisory Committee Chairman, has determined
that for the first five year period the repeal is in effect there will be
no impact on state or local government.
Mr. Calagna also has determined that for each of the first five years the
proposed repeal is in effect the public benefit anticipated as a result of
enforcing the repeal will be that individuals and fire departments will have
a clearer understanding of the requirements for certification as head of a
fire department as well as the activities authorized by the certificate.
There are no additional costs of compliance for small or large businesses
or individuals required to comply with the repeal. The commission has determined
that the proposed repeal relating to head of a fire department will have no
impact on private real property interests and no takings impact assessment
is required pursuant to the Government Code, §2007.043(b) and §2.18
of the Attorney General's Private Real Property Rights Preservation Act Guidelines.
There is no local employment impact resulting from the change.
Comments on the proposal may be submitted to: Gary L. Warren Sr., Executive
Director, Texas Commission on Fire Protection, P. O. Box 2286, Austin, Texas
78768-2286 or e-mail to info@tcfp.state.tx.us.
The repeal is proposed under Texas Government Code, §419.008,
which provides the Texas Commission on Fire Protection with authority to propose
rules for the administration of its powers and duties; and Texas Government
Code, §419.032(f), which provides that the commission shall adopt rules
for the purpose of this subsection relating to the appointment of a person
to the position of head of the fire department.
Texas Government Code, §419.032(f) is affected by the proposed repeal.
§449.1.Minimum Standards for the Head of a Fire Department.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of the Secretary of State on May
19, 1999.
TRD-9902916
T.R. Thompson
General Counsel
Texas Commission on Fire Protection
Earliest possible date of adoption: July 4, 1999
For further information, please call: (512) 918-7189
37 TAC §§449.1, 449.3, 449.5
The Texas Commission on Fire Protection proposes new §§449.1,
449.3, and 449.5, concerning head of a fire department. The new sections replace
repealed sections dealing with the same subject matter. The new sections clarify
the requirement for certification as head of a fire department for appointments
made after March 1, 1999, and include an explicit assignment requirement for
certification, and specifying the duties authorized by the certification.
Finally, the new sections established specialized certifications for head
of a fire department providing fire suppression and departments providing
fire prevention services.
Mr. Anthony C. Calagna, Fire Fighter Advisory Committee Chairman, has determined
that for the first five year period the new sections are in effect there will
be no impact on state or local government.
Mr. Calagna also has determined that for each of the first five years the
proposed new sections are in effect the public benefit anticipated as a result
of enforcing the amended sections will be that individuals and fire departments
will have a clearer understanding of the requirements for certification as
head of a fire department as well as the activities authorized by the certificate.
There are no additional costs of compliance for small or large businesses
or individuals required to comply with the new sections.
The commission has determined that the proposed new sections relating to
head of a fire department will have no impact on private real property interests
and no takings impact assessment is required pursuant to the Government Code,
§2007.043(b) and §2.18 of the Attorney General's Private Real Property
Rights Preservation Act Guidelines. There is no local employment impact resulting
from the changes.
Comments on the proposal may be submitted to: Gary L. Warren Sr., Executive
Director, Texas Commission on Fire Protection, P. O. Box 2286, Austin, Texas
78768-2286 or e-mail to info@tcfp.state.tx.us.
The new sections are proposed under Texas Government Code, §419.008,
which provides the Texas Commission on Fire Protection with authority to propose
rules for the administration of its powers and duties; and Texas Government
Code, §419.032(f), which provides that the commission shall adopt rules
for the purpose of this subsection relating to the appointment of a person
to the position of head of the fire department.
Texas Government Code, §419.032(f) is affected by the proposed new
sections.
§449.1.Minimum Standards for the Head of a Fire Department.
(a)
An individual who becomes employed and is assigned as the
head of a fire department, on or after March 1, 1999, must be certified by
the commission as head of a fire department, within one year of appointment.
(b)
Holding the head of a fire department certification does
not qualify an individual for any other certification. An individual who seeks
certification in another discipline must meet the requirements for that discipline.
(c)
Nothing contained in this chapter shall be construed to
supercede Chapter 143, Local Government Code, in regard to appointment of
a head of a fire department.
§449.3.Minimum Standards for Certification as Head of a Suppression Fire Department.
(a)
In order to be certified as a head of a fire department
providing fire suppression, an individual must:
(1)
be assigned as head of a fire department; and
(2)
hold a certification as a fire protection personnel
in any discipline that has a commission approved curriculum that requires
structural fire protection personnel certification and five years experience
in a full-time fire suppression position; or
(3)
provide documentation in the form of a sworn affidavit
of ten years experience as an employee of a local governmental entity in a
full-time structural fire protection personnel position in a jurisdiction
other than Texas; and
(A)
document completion of continuing education, that meets
the requirements of Chapter 441, for each year the individual has been out
of the fire service up to a maximum of five years; and
(B)
successfully pass a written commission examination based
on the basic structural fire protection personnel curriculum as specified
in Chapter 439 of this title (relating to Examinations for Certification);
or
(4)
provide documentation in the form of a sworn
affidavit of ten years of experience as a certified structural part-time fire
protection employee; or
(5)
provide documentation in the form of a sworn affidavit
of ten years experience as an active volunteer fire fighter in one or more
volunteer fire departments that meet the requirements of subsection (b) of
this section and successfully pass a written commission examination based
on the basic structural fire protection personnel curriculum as specified
in Chapter 439 of this title.
(b)
The ten years of volunteer service must include documentation
of attendance at 40% of the drills for each year and attendance of at least
25% of a department's emergencies in a calendar year while a member of a volunteer
fire department or departments with 10 or more active members that conducts
a minimum of 48 hours of drills in a calendar year.
(c)
Individuals certified as the head of a fire department
must meet the continuing education requirement as provided for in Chapter
441 of this title (relating to Continuing Education).
(d)
An individual certified as head of a fire department under
this section may engage in fire fighting activities only as the head of a
fire department. These activities include incident command, direction of fire
fighting activities or other emergency activities typically associated with
fire fighting duties, i.e. rescue, confined space and hazardous materials
response.
§449.5.Minimum Standards for Certification as Head of a Prevention Only Department.
In order to be certified as the head of a fire department providing
fire prevention activities only, an individual must:
(1)
be assigned as head of a fire department; and
(2)
hold a certification as a fire inspector, fire investigator,
or arson investigator and have five years of full-time experience in fire
prevention activities; or
(3)
provide documentation in the form of a sworn affidavit
of ten years experience with a local governmental entity in a full-time, part-time
or volunteer fire inspector, fire investigator, or arson investigator position
with ten years of experience in fire prevention activities; and
(A)
document completion of continuing education, that meets
the requirements of Chapter 441, for each year the individual has been out
of the fire service up to a maximum of five years; and
(B)
successfully pass a written commission examination based
on the basic inspector or investigator curriculum as specified in Chapter
439 of this title (relating to Examinations for Certification).
(4)
Individuals certified as the head of a fire department
under this section must meet the continuing education requirement as provided
for in Chapter 441 of this title (relating to Continuing Education).
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of the Secretary of State on May
19, 1999.
TRD-9902917
T.R. Thompson
General Counsel
Texas Commission on Fire Protection
Earliest possible date of adoption: July 4, 1999
For further information, please call: (512) 918-7189
the imposition of the sentence
is subsequently probated and the person is discharged from community supervision
]; or
the person is pardoned for the offense, unless the pardon
is expressly granted for subsequent proof of innocence
].
(9)
] Department - The Texas
Department of Public Safety, including employees of the department.
(10)
] Director - The Director
of the Texas Department of Public Safety or the Director's designee.
(11)
] Director's designee
- For purposes of conducting background investigations under this chapter,
refers to an employee of the department, unless otherwise specified by the
Director.
(12)
] Handgun - Has the meaning
assigned by Texas Penal Code, §46.01.
(13)
] Instructor applicant
- A person who applies for certification, either original or renewed, as a
qualified handgun instructor.
(14)
] Intoxicated - Has the
meaning assigned by Texas Penal Code, §49.01.
(15)
] License applicant -
An applicant for a license, either original or renewed, to carry a concealed
handgun under
the Act
[
Texas Civil Statutes, Article 4413(29ee)
].
(16)
] License holder - A
person licensed to carry a concealed handgun under
the Act
[
Texas Civil Statutes, Article 4413(29ee)
].
(17)
] Qualified handgun instructor
- A person who is certified by the department to instruct in the use of handguns.
(18)
] Residence - Domicile;
that is, one's home and fixed place of habitation to which he intends to return
after any temporary absence. The term "residence" has the meaning assigned
in §15.25 of this title (relating to Address).
(19)
] Retired judicial officer
- A special judge appointed under Texas Government Code, §26.023 or §26.024;
or a senior judge designated under Texas Government Code, §75.001; or
a judicial officer as designated or defined by Texas Government Code, §75.001,
§831.001, or §836.001.
(20)
(A)
(B)
(C)
Legal Services -
Concealed Handgun Section, Post Office Box 15327, Austin, Texas 78761-5327
].
or
] 69,
or 74,
and
that derives 51% or more of its income from the sale of alcoholic beverages
for on-premises consumption
as determined by the Texas Alcoholic Beverage
Commission under Alcoholic Beverage Code, §104.06
.
The following text may be used: "State law prohibits carrying a handgun on
these premises."
A citation to statute may be included as follows:
"Texas Civil Statutes, Article 4413(29ee)."
] The notice must also be
posted in Spanish. [
The following text may be used: "La ley del estado
prohibe cargar arma de fuego en este sitio."
]
The sign may state that it is prohibited to carry a handgun on the premises.
The following are samples of text which may be used:
]
(1)
(2)
(c)
(1)
(2)
Subchapter B. Eligibility and Application Procedures
of unsound mind
];
or Class B
] misdemeanor if the offense is not a felony
and confinement in a jail other than a state jail felony facility is affixed
as a possible punishment;
waive the proficiency requirements for a license applicant who has successfully
completed the instructor training course and paid the training fee
].
The
] applicant must provide proof of residence in this
state for the six-month period preceding the date of application. Residency
may be shown by the following types of documents:
employed by a law enforcement agency who is
]appropriately
trained in recording fingerprints
who is employed by a law enforcement
agency or by a private entity designated by a law enforcement agency, as an
entity qualified to take fingerprints of an applicant for a license
.
The applicant must display a Texas driver's license or personal identification
card issued by the department. The applicant must deliver two passport photographs
as described in paragraph (4) of this section, two blank fingerprint cards
supplied by the department, and an instruction page included in the application
materials on Form CR-75, which is adopted for that purpose. An instructor
applicant is not required to submit photographs. Two complete sets of legible
and classifiable fingerprints of the applicant must be recorded on cards provided
by the department. The person who records the applicant's fingerprints shall:
Texas Civil Statutes, Article 4413(29ee)
] that creates
an offense under the laws of this state, and each provision of the laws of
this state related to the use of deadly force. Form CR-86L is adopted for
this purpose;
according to Figure 1:, Federal Poverty Guidelines
].
Figure 1: 37 TAC §6.16(b)(1)
]
special agent
]. A retired
officer
[
criminal investigator
] of the United States who
was eligible to carry a firearm in the
discharge of his official duties
[
is designated as a "special agent"
] may apply for a license as an honorably retired peace officer. Except
as otherwise provided, the license fee and application procedure for an honorably
retired
federal officer
[
special agent
] shall be the
same as for an honorably retired peace officer. An applicant described by
this subsection may submit the application at any time after retirement. The
applicant shall submit with the application proper proof of retired status
by presenting the following documents prepared by the agency from which the
applicant retired:
(e)
] Active judicial officer.
(f)
] Retired judicial officer.
The department shall issue a license to a retired judicial officer who meets
the requirements of this subsection. An applicant for a license who is a retired
judicial officer must submit the basic application materials required, except
that
the fee for a license issued under this subsection shall be $25.
[
:
]
(1)
(2)
(A)
(B)
(g)
] Felony prosecutor. An attorney
who is elected or appointed to represent the state in the prosecution of felony
cases is eligible for a license to carry a concealed handgun. The department
shall issue a license to carry a concealed handgun [
to an applicant
]
under this subsection to an applicant who meets the requirements for an active
judicial officer. No fee is required for an original, duplicate, or renewed
license for an applicant who meets the requirements of this subsection.
(h)
(1)
(2)
(i)
] Instructor applicants.
(j)
Between September 1, 1995 and December 31, 1996, the department shall
conduct the application review and background investigation not later than
the 90th day after the date on which the director's designee receives the
completed application materials. After January 1, 1997, the
]
The
department shall conduct the application review and background investigation
not later than the 60th day after the date on which the director's designee
receives the completed application materials
, unless a question exists
with respect to the accuracy of the application materials or the eligibility
of the applicant, in which case the record check and investigation shall be
completed not later that 180 days after the date the department receives the
application materials
. The department shall conduct the application
review and background investigation within the required time period, as measured
from the date when it was received and complete. An application is not considered
to have been received until it is complete. Failure of the department to either
issue or deny a license for a period of more than 30 days after the time required
constitutes denial.
license issued before
January 1, 1996, is not effective until January 1, 1996. A license issued
before January 1, 1996, shall be clearly marked to reflect the date on which
it becomes effective. The department shall inform each recipient of a license
before that date that the license is not effective until that date. On or
after January 1, 1996, a
] license issued under the Act is effective
from the date of issuance.
Subchapter C. Procedures on Denial of License
, §2
];
§5(b)
]or;
, §17
].
Subchapter D. Time, Place, and Manner Restrictions on License Holders
Violation
] is a Class B misdemeanor under the Act[
, §6(i)
].
or
]69,
or 74,
, if the business derives 51% or more of its income from the
sale
or service
of alcoholic beverages for on-premises consumption.
Posting is required by the Act, but an establishment's failure to post is
not a statutory defense to the license holder. Violation is a third degree
felony under Texas Penal Code, §46.035.
, but
an establishment's failure to post is not a statutory defense to the license
holder
]. Violation is a Class A misdemeanor under Texas Penal Code,
§46.035.
This subsection shall not apply if the actor was not given
effective notice under Texas Penal Code §30.06.
, but an establishment's failure to post is not a statutory defense
to the license holder
]. Violation is a Class A misdemeanor under Texas
Penal Code, §46.035.
This subsection shall not apply if the actor
was not given effective notice under Texas Penal Code §30.06.
Subchapter F. Suspension and Revocation Procedures
convicted of disorderly conduct
]
under Texas Penal Code, §42.01
, or of a felony under an information
or indictment
;
, §6(h) and 6(i)
];
, §8
];
(5)
(6)
] fails to return a previously
issued license after such license has been modified as required by the Act[
, §10 (d)
].
A license may be suspended for not less than one
year and not more than three years.
]
or
]
.
]
Subchapter G. Certified Handgun Instructors
Provided, instructor
certification is not effective before September 1, 1995, and provided that
course training credit may not be extended to license applicants for training
which occurs prior to September 1, 1995.
]
9 millimeter or a .38 caliber
] handgun
of .32 caliber or above
.
Subchapter H. Information and Reports
§21,
] all other records maintained under the Act are confidential
and are not subject to required disclosure under the Open Records law, Texas
Government Code, Chapter 552, except that an applicant or license holder may
be furnished a copy of such disclosable records on request and the payment
of a reasonable fee.
Texas Civil Statutes, Article 4413 (29ee),
] has been arrested for an offense under Texas Penal Code, §46.035,
or commits a reportable discharge of a handgun.
Chapter 11.
Commercial Vehicle Registration
Civil Statutes, Article 6675a
] and on policies
and reciprocal agreements promulgated by the Texas Department of Transportation,
as amended.
Civil
Statutes, Articles 6701d-11 and 6701d-16
] and the rules promulgated
by the Texas Department of Transportation, as amended.
Subchapter B. Lease Requirements for Commercial Motor Vehicles
Subchapter C. Motor Carrier Enforcement Guidelines
Subchapter D. Weight Law Enforcement
Civil Statutes, Article 6701d-11
].
sections 5 and 6
] to mean that cargo
may not be shifted from an overloaded axle or tandem axle to another axle
or tandem axle that is already loaded to its maximum legal limit.
Chapter 14.
School Bus Transportation
Chapter 17.
Administrative License Revocation
Part V.
Texas Board of Pardons and Paroles
(b)
] The board shall consider and
decide applications for reprieve from execution. Upon review, a majority of
the board, or a majority thereof, in written and signed form, may:
(c)
] When the board sets a hearing
pursuant to subsection
(f)(3)
[
(b)(3)
] of this section,
it shall notify the trial officials of the county of conviction and the attorney
general of the State of Texas and allow any such official(s), or the designated
representatives thereof, the opportunity to attend the hearing and/or to present
any relevant information. At the time of notifying the trial officials, the
board shall also notify any representative of the family of the victim (who
has previously requested to be notified) of the receipt of the application,
the setting of a hearing, and of said representative or family member's rights
to provide any written comments or to attend the hearing.
(d)
] All hearings conducted by
the board under this section shall be in open session pursuant to requirements
of the Texas Open Meetings Act, Article 6252-17. For the purpose of discussing
matters which are deemed confidential by statute, or where otherwise authorized
by the provisions of the Texas Open Meetings Act, the proceedings may be conducted
in executive session closed to members of the general public, for that limited
purpose. Only those persons whose privacy interests and right to confidentiality
may be abridged by discussion involving disclosure of confidential information
may be allowed to meet with members of the board in their executive session
to discuss that information. No decision, vote, or final action by the board
shall be made during a closed meeting; the board's decision, vote, or final
action shall be made and announced in an open meeting. The hearing may be
recessed prior to its completion and reconvened pursuant to the directions
of the board.
(e)
] Advocates for and against
the death penalty, generally, and members of the general public may present
written information for the board's consideration at its central office headquarters
at any reasonable time.
(f)
] After the conclusion of the
hearing, the board shall render its decision, reached by majority vote, within
a reasonable time, which decision shall be either to:
(g)
] Each of the provisions of
this section and §143.42 of this title (relating to Reprieve Recommended
by Board) are subject to waiver by the board when it finds that there exists
good and adequate cause to suspend said provisions and adopt a different procedure
which it finds to be better suited to the exigencies of the individual case
before it.
(h)
] Successive or repetitious
reprieve applications submitted in behalf of the same condemned felon may
be summarily denied by the board without meeting.
Subchapter E. Commutation of Sentence
(A)
] The written application in
behalf of a convicted person seeking a board recommendation to the governor
of commutation of the death sentence to a lesser penalty must be delivered
to the Texas Board of Pardons and Paroles, Clemency Section, Austin, Texas,
not later than the twenty-first calendar day before the day the execution
is scheduled.
If the twenty-first calendar day before the execution is
scheduled falls on a weekend or state observed holiday, the application shall
be delivered not later than the next business day.
(B)
] The board shall consider and
decide applications for commutation of the death sentence to a lesser penalty.
Upon review, a majority of the board, or a majority thereof, in written and
signed form, may:
(i)
] recommend to the governor
the commutation of the death sentence to a lesser penalty;
(ii)
] not recommend commutation
of the death sentence to a lesser penalty; or
(iii)
] set the matter for
a hearing pursuant to §143.43 of this Chapter (relating to Procedure
in Capital Reprieve Cases).
Chapter 145.
Parole
or mandatory supervision
] after completing a TDCJ treatment program
as a prerequisite for
parole,
must participate in and complete any required post-release program.
Subchapter B. Terms and Conditions of Parole
parolee
] may have additional conditions imposed by
the parole panel after release, and shall be notified in writing of any such
conditions.
Part VI.
Texas Department of Criminal Justice
Part XIII.
Texas Commission on Fire Protection
examination
] as specified in Chapter 439 of this title (relating to
Examinations for Certification). An approved basic structure fire suppression
program shall consist of one or any combination of the following:
four
] phase
levels of the approved Basic Fire Suppression Curriculum as specified in Chapter
1 of the commission's document titled "Commission Certification Curriculum
Manual," as approved by the commission in accordance with Chapter 443 of this
title (relating to Certification Curriculum Manual); or
Chapter 427.
Certified Training Facilities
.
]
Chapter 433.
Minimum Standards for Driver/Operator-Pumper
Chapter 439.
Examinations for Certification
,
] have
the following definitions unless the context clearly indicates otherwise.
To apply for a commission examination at a certified
volunteer training facility, the designated training officer or coordinator
of the entity providing the training must have each examinee complete the
Application for Testing form and return it to the commission no later than
30 days prior to the requested examination date. Upon receipt of the Application(s)
for Testing, the commission will tentatively schedule a time and place for
the examination. A reasonable attempt shall be made to schedule the examination
at a time and place agreeable to the provider of training and examinees.
]
The provider of training
of a Basic Fire Suppression Fire Fighter I academy
will receive from the commission at least seven randomly selected performance
skill
[
skills
] objectives from Section II of the Performance
Evaluation Forms [
booklet
] that each examinee must successfully
complete prior to the commission examination.
The provider of training
of a Basic Fire Suppression Fire Fighter II academy will receive from the
commission at least seven randomly selected performance skill objectives from
Section III of the Performance Evaluation Forms that each examinee must successfully
complete prior to the commission examination. The provider of training of
a Basic Fire Suppression Fire Fighter I and Fire Fighter II combined academy
will receive from the commission at least seven randomly selected performance
skill objectives from Section II and Section III of the Performance Evaluation
Forms that each examinee must successfully complete prior to the commission
examination.
objectives are
] part of
a commission examination,
[
an approved curriculum
] the examinee must complete a state
performance skill evaluation in accordance with
subsection
[
Subsection
] (b) of this section. The state performance skill evaluation
may be part of an original certification examination administered at the conclusion
of a basic certification course at an approved training facility, as part
of a Test for Certification Status, or as part of a commission examination
for Proof of Proficiency.
objectives
]
evaluation of a Basic Fire Fighter I academy or a combined Fire
Fighter I and Fire Fighter II academy
must consist of one skill pertaining
to self-contained breathing apparatus and at least two other skills identified
as a critical skill in Section I of the Performance Evaluation Forms [
booklet
].
If performance skill objectives are part of
an original certification examination
], the examinee must be evaluated
for competency by an approved field examiner at a certified training facility
and
[
on at least seven
]
pass all of the
[
completed
] performance skill objectives
randomly
selected
by the commission
prior to the administration of the
[
to qualify
for a
] state performance skill evaluation. The evaluation for competency
to qualify for the state performance skills evaluation may occur at any time
during the course of instruction. The number of opportunities to successfully
complete particular performance skill objectives evaluated during an academy
is at the discretion of the training officer or course coordinator. The training
facility must maintain copies of performance evaluation forms on each examinee
to document competency. The instructor of a particular subject may not evaluate
the performance skill related to that subject unless the instructor is an
approved field examiner. At the conclusion of a course at an approved training
facility, the examinee must complete the state performance skill evaluation
in accordance with
subsection
[
Subsection
] (b) of this
section.
§439.17
] of this title (relating to Testing for Certification
Status), the performance skill evaluation must consist of at least three successfully
completed performance skill objectives evaluated in accordance with subsection
(b) of this section by staff examiners or by field examiners at an approved
training facility with the consent of its training officer or course coordinator.
§439.15
] of this title (relating to Testing for Proof of
Proficiency), the performance skill evaluation must consist of at least three
(3) successfully completed performance skill objectives evaluated in accordance
with subsection (b) of this section by staff examiners or by field examiners
at an approved training facility with the consent of its training officer
or course coordinator.
certificate(s)
] has been expired for one year or longer may not renew the certificate
[
or certificates
] that
was
[
were
] previously
held.
or certificates
] in the discipline [
or disciplines
] which was previously
held by passing a commission proficiency examination pertaining to the discipline
[
or disciplines which was previously
] held and becoming certified
within the time specified for that discipline [
or disciplines
].
The proficiency examination must be passed prior to assignment to fire protection
duties. If performance skills are part of the proficiency examination, the
individual may be exempted from that portion of the examination
by documenting
[
if the individual can document
] twenty hours of continuing
education for each year since the expiration of the certificate for a maximum
of five years. The continuing education
training must be done within
the most recent five years and
must be in subjects contained in the
basic curriculum for the discipline. At least one-half of the continuing education
must be hands-on performance skills. The training must be conducted as specified
in Chapter 441 of this title (relating to Continuing Education).
definition
] of fire protection personnel
and volunteer fire
protection personnel)
, seeks certification in that discipline two years
or longer after passing a commission examination pertaining to that discipline,
the individual shall:
Chapter 449.
Head of a Fire Department
Chapter 453.
Minimum Standards for Hazardous Materials Technician